Is Malaysia heading for ‘BorneoExit’? Why some in East Malaysia are advocating for secession

FAZRY ISMAIL/EPA

James Chin, University of Tasmania

Unity is a common theme every year on Malaysia Day, the holiday celebrated last week that marks the day Malaysia became a federation in 1963.

That year, Britain agreed to relinquish control of most of its remaining colonies in Southeast Asia — Singapore, North Borneo (now called Sabah) and Sarawak. They then joined with Malaya, which had gained independence from Britain in 1957, to form a new nation called Federation of Malaysia.

The legal instrument to form the federation is called the Malaysia Agreement (MA63).

Yet, for the people of Sabah and Sarawak, located on the island of Borneo, the agreement left many with mixed emotions. Some people in these states have long desired secession and, in recent years, the drumbeat of separation has only grown louder.

This issue is now a key political issue in the Sabah state election this weekend and upcoming the Sarawak elections, which must be held before the end of 2021.

The two parts of Malaysia are separated by the South China Sea.
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Source of historical grievances

In a nutshell, most people in Sabah and Sarawak (also known as East Malaysia) are unhappy with federation because they think it has not delivered on two main promises made in 1962 — high levels of autonomy and economic development.

In the first area, the federal government has stripped away a lot of local powers in Sabah and Sarawak in the last 57 years. On top of that, the federal authorities have tried to impose the same toxic racial and religious politics found in Malaya (also known as West Malaysia) to the eastern states.

East Malaysia is much more ethnically and religiously diverse compared to the west. For example, the Malay population is a minority in both Sabah and Sarawak; in fact, no ethnic group constitutes more than 40% in either state. As a result, political Islam has not taken root here.

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In fact, one of the defining features of East Malaysia is intermarriage among the different ethnic and religious groups. The divide between Muslims and non-Muslims is reasonably insignificant — a marked difference from the often suspicious attitude Islamic leaders have toward non-Muslims in Kuala Lumpur.

In terms of economic development, Sabah remains one of the poorest states in Malaysia. And the infrastructure in both Sabah and Sarawak is vastly underdeveloped compared to the west of Malaysia.

To add insult to injury, more than half of Malaysia’s oil and gas production comes from Sabah and Sarawak. The common joke is that all the iconic infrastructure in peninsular Malaysia, such as the Petronas Towers, Penang Bridge and Kuala Lumpur international airport, was built with money from East Malaysia.

The infrastructure in Kuala Lumpur far exceeds that in Malaysia’s eastern states.
FAZRY ISMAIL/EPA

Britain’s hand in the federation

In recent times, one of the biggest grievances in East Malaysia comes from the process of decolonisation administered by the British after the second world war.

There is clear, documented evidence that back in 1962, the colonial office in London used its powers and influence to get the local leaders in Sabah and Sarawak to agree to the formation of Malaysia.

The British wanted a clean exit from Southeast Asia and to ensure its former colonies did not turn to communism. So the British conceived the idea of a “Federation of Malaysia”, where its former territories would come under a single political entity.

Activists in East Malaysia say if the British had not supported the formation of the federation, it was highly unlikely local leaders would have agreed to it. Many would have instead preferred independence or a federation consisting of Sabah, Sarawak and Brunei (which gained independence from Britain much later, in 1984).

A campaign event in Sabah ahead of this weekend’s elections.
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What Sabah and Sarawak want

All these historical grievances have led to a growing movement in Sabah and Sarawak advocating for secession from the federation.

With elections upcoming in both states, all local politicians — including those serving in the federal government — are now claiming to be MA63 nationalists trying to keep “Malaya out” of Sabah and Sarawak.

Social media is one key reason the secessionist movement has taken off in East Malaysia. It is now much easier for advocates to organise and magnify their grievances.

What the Sabah and Sarawak people want, at the very least, is a constitutional amendment to recognise the special autonomy of both states. But a significant minority argues the whole federation has failed, and thus secession is the only way forward.

Currently, the secessionist groups pose no real threat to the federation. But if enough people buy the secession argument in the future, public sentiment may be too strong for the national leaders to ignore.

How should the federal government respond?

There are basically two options available to the federal government.

The first is the ostensibly easy option — the political route. This would require the federal government to recognise the historical grievances and try to resolve them.

However, this is not as simple as it seems. The government is reluctant to grant real autonomy to the two states, worried this will end up weakening federal powers in the other 11 states of the federation.

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There was an attempt to reword the Constitution last year to symbolically recognise the special status of both states, but it failed.

This is the only way to keep the federation together, however. The federal leaders need to agree to recognise the special status of Sabah and Sarawak and grant them wide autonomy in the Constitution, as envisaged in the 1963 Malaysia Agreement.

The second option for the government is to play a wait-and-see game. Politically, this is dangerous, as the final outcome could very well be secession.

By way of comparison, the push for independence in Catalonia was similarly based on historical grievances that mushroomed into a mainstream political movement and eventually an independence referendum — declared illegal by Spain’s constitutional court.

At the very least, what is happening on the ground in East Malaysia suggests the decolonisation process in Southeast Asia is not yet complete. This colonial legacy is not merely history, but is clearly reflected in the present reality.

James Chin, Professor of Asian Studies, University of Tasmania

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

Passion and pain: why secessionist movements rarely succeed

Catalans protest the Spanish government crackdown after voting for independence.
Reuters/Yves Herman

Damien Kingsbury, Deakin University

Calls for “independence” have been increasingly heard on the streets of Barcelona in recent days. Those powerful emotions can drive people to extremes, which in some cases include killing and dying. Yet for the high price often paid, independence movements are rarely successful and their outcomes are usually less than hoped for.

Catalonia’s recent vote for independence provoked a heavy-handed response from the government in Madrid. This has, in almost textbook style, conversely increased support for independence.

The Spanish government’s response was wrong if the intention was to secure Catalonia’s loyalty, but perhaps the right response if the intention was to shore up falling nationalist support elsewhere.

Independence movements commonly start with a small number of idealists, yet quickly grow when central governments respond with repression. In such circumstances, the desire for “freedom” takes root and flourishes. So the first responses of central governments to secessionist movements are critical to their outcome.

There are currently well over 100 secessionist movements, including four in the Philippines, dozens in India, around eight in Myanmar, and several dozen in Africa. Many of these have produced bloodshed and trauma well in excess of possible practical gains. Yet, despite their numbers, very few secessionist movements are ultimately successful, while the costs for governments imposing a nominal unity can be high for all involved.

With high risks and limited chances of success, secessionist movements are rarely about pragmatism and more about fervour. Even with popular support, these movements rarely have the political or military capacity to impose their will on the state from which they intend to secede.

Such limited examples of secessionist success that there are have relied on either external intervention – such as Bangladesh and Kosovo – or agreement by a weakened parent state, such as Eritrea and South Sudan. Timor-Leste achieved independence on the back of both factors.

Having overcome daunting odds of achieving independence, the success of post-secessionist states has, on balance, been poor. Bangladesh has struggled between periods of incapable civilian government, military coups and a state of emergency. Since independence in 1991, Eritrea has been an authoritarian one-party state with no political activity allowed.

Kosovo has been marked by divisive ethnic politics, while South Sudan has been wracked by ethno-political fighting since independence in 2011. Timor-Leste is a successful democracy, yet survived intact only due to international intervention ending civil conflict in 2006.

Of the world’s separatist movements, the most recent and notable, next to Catalonia, is Kurdistan. A Kurdish state would have a potentially sound oil-based economy and a very capable military.

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Further reading: Catalans and Kurds have a long battle ahead for true independence

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Yet even an independent Kurdistan would require access to trade routes to export oil. This is currently blocked by its parent state, Iraq, and suspicion or hostility from neighbouring Turkey, Syria and Iran. Kurdistan may continue to pursue independence, but it would likely have a more viable economic future as an autonomous state in a federated Iraq.

Even when successful, the cost of independence can be high. It can bring destructive wars, lack of economic activity and independence leaders failing to translate as wise politicians and capable administrators. The skills needed to win independence are not those required to rebuild and run a successful state.

So the record of successful secessionist movements is, overall, poor. The rhetoric of freedom and reward is more usually reflected in little of either.

Catalonia is luckier than most, having an experienced set of politicians and administrators. It also has, for now at least, an intact infrastructure and a vibrant economy. Its chances of success, should Madrid let it go, would be better than most.

Yet what is now more practically needed in Catalonia, and for most other secessionist movements, is a relatively high level of regional autonomy. Loosening the ties that bind can ease tensions and make states more stable, if in federated or similar form, rather than being tightly controlled and therefore resented.

Spanish President Mariano Rajoy’s threat to revoke Catalonia’s autonomy is, therefore, precisely the wrong response for a leader wishing to quell secessionist demands. It was, after all, Spain’s Constitutional Court’s decision to restrict Catalonia’s existing autonomy that sparked the present calls for independence.

Spain’s governing People’s Party may strengthen its faltering support base by appealing to a wider nationalist sentiment in favour of state unity and imposing control over Catalonia. But imposed control will likely prompt further and more deeply entrenched separatist sentiment.

Given their vast differences, the fate of the handful of successful separatist movements cannot be used as indicators of an independent Catalonia’s future. But the drivers of separatism, and impediments to achieving independence, are shared.

Catalonia has been at the forefront of Spain’s domestic battles, and it could be that the current push for independence will spark another. Should it come to this, the cost of such conflict would exceed any possible benefits, for both Catalonia and for Spain.

The question, then, is how Spain’s national government and the Catalan independence movement can step back from a showdown. Failure to do so may mean the consequences become irretrievable.

Damien Kingsbury, Professor, School of Humanities and Social Sciences, Deakin University

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

Police in Sudan Aid Muslim’s Effort to Take Over Church Plot

With possibility of secession by Southern Sudan, church leaders in north fear more land grabs.

NAIROBI, Kenya, October 25 (CDN) — Police in Sudan evicted the staff of a Presbyterian church from its events and office site in Khartoum earlier this month, aiding a Muslim businessman’s effort to seize the property.

Christians in Sudan’s capital city told Compass that police entered the compound of the Sudan Presbyterian Evangelical Church (SPEC) on Oct. 4 at around 2 p.m. and ordered workers to leave, claiming that the land belonged to Muslim businessman Osman al Tayeb. When asked to show evidence of Al Tayeb’s ownership, however, officers failed to produce any documentation, the sources said.

The church had signed a contract with al Tayeb stipulating the terms under which he could attain the property – including providing legal documents such as a construction permit and then obtaining final approval from SPEC – but those terms remained unmet, church officials said.

Church leader Deng Bol said that under terms of the unfulfilled contract, the SPEC would turn the property over to al Tayeb to construct a business center on the site, with the denomination to receive a share of the returns from the commercial enterprise and regain ownership of the plot after 80 years.

“But the investor failed to produce a single document from the concerned authorities” and therefore resorted to police action to secure the property, Bol said.

SPEC leaders had yet to approve the project because of the high risk of permanently losing the property, he said.

“The SPEC feared that they were going to lose the property after 80 years if they accepted the proposed contract,” Bol said.

SPEC leaders have undertaken legal action to recover the property, he said. The disputed plot of 2,232 square meters is located in a busy part of the heart of Khartoum, where it has been used for Christian rallies and related activities.

“The plot is registered in the name of the church and should not be sold or transfered for any other activities, only for church-related programs,” a church elder who requested anonymity said.

The Rev. Philip Akway, general secretary of the SPEC, told Compass that the government might be annoyed that Christian activities have taken place there for many decades.

“Muslim groups are not happy with the church in north Sudan, therefore they try to cause tension in the church,” Akway told Compass.

The policeman leading the officers in the eviction on Oct. 4 verbally threatened to shoot anyone who interfered, Christian sources said.

“We have orders from higher authorities,” the policeman shouted at the growing throng of irate Christians.

A Christian association called Living Water had planned an exhibit at the SPEC compound on Oct. 6, but an organization leader arrived to find the place fenced off and deserted except for four policemen at the gate, sources said.

SPEC leaders said Muslims have taken over many other Christian properties through similar ploys.

“We see this as a direct plot against their churches’ estates in Sudan,” Akway said.

The Rev. John Tau, vice-moderator for SPEC, said the site where Al Tayeb plans to erect three towers was not targeted accidentally.

“The Muslim businessman seems to be targeting strategic places of the church in order to stop the church from reaching Muslims in the North Sudan,” Tau said.

The unnamed elder said church leaders believe the property grab came in anticipation of the proposed north-south division of Sudan. With less than three months until a Jan. 9 referendum on splitting the country according to the Comprehensive Peace Agreement of 2005, SPEC leaders have taken a number of measures to guard against what it sees as government interference in church affairs.

Many southern Sudanese Christians fear losing citizenship if south Sudan votes for secession in the forthcoming referendum.

A top Sudanese official has said people in south Sudan will no longer be citizens of the north if their region votes for independence. Information Minister Kamal Obeid told state media last month that south Sudanese will be considered citizens of another state if they choose independence, which led many northern-based southern Sudanese to begin packing.

At the same time, President Omar al-Bashir promised full protection for southern Sudanese and their properties in a recent address. His speech was reinforced by Vice President Ali Osman Taha’s address during a political conference in Juba regarding the signing of a security agreement with First Vice President Salva Kiir Mayardit (also president of the semi-autonomous Government of Southern Sudan), but Obeid’s words have not been forgotten.

Akway of SPEC said it is difficult to know what will become of the property.

“Police continue to guard the compound, and nobody knows for sure what the coming days will bring,” Akway said. “With just less than three months left for the South to decide its fate, we are forced to see this move as a serious development against the church in Sudan.”

Report from Compass Direct News

China Moves Uyghur Christian Prisoner, Allows Family Visit

Court rejects appeal of 15-year sentence for Alimjan Yimit.

DUBLIN, April 29 (CDN) — Authorities in Xinjiang Province recently moved Uyghur Christian Alimjan Yimit from a prison in Kashgar to a prison in the provincial capital Urumqi and allowed the first visit from family members since his arrest in January 2008, sources told Compass.

Alimjan (Alimujiang Yimiti in Chinese) was noticeably thinner but in good spirits, the family told friends after their brief visit to him in Xinjiang No. 3 prison on April 20, one source told Compass. They were allowed only 15 minutes to speak with Alimjan via telephone through a glass barrier, the source said.

But Alimjan’s lawyers, Li Baiguang and Liu Peifu, were prohibited from meeting with him, despite gaining permission from the Xinjiang Bureau of Prison Management, the China Aid Association (CAA) reported on Saturday (April 24).

Officials have now granted Alimjan’s wife Gulnur (Chinese spelling Gulinuer) and other close family members permission to visit him once a month.

Alimjan and Gulnur pastored a Uyghur ethnic house church in Xinjiang prior to his arrest in January 2008.

Attorney Li told Radio Free Asia earlier this month that while the initial charges against Alimjan were both “instigating separatism” and “leaking state secrets” to foreign organizations, his actual offense was talking to visiting Christians from the United States.

The Kashgar Intermediate Court found Alimjan guilty of “leaking state secrets” on Oct. 27, 2009 and gave him a 15-year sentence. His lawyers appealed the sentence, but the People’s High Court of Xinjiang upheld the original verdict on March 16.

“This decision is illegal and void because it never succeeded in showing how Alimjan supplied state secrets to people overseas,” Li said, according to Radio Free Asia.

“Religion lies at the heart of this case,” fellow legal advocate Li Dunyong, who was effectively disbarred at the end of May 2008 when Chinese authorities turned down an annual application to renew his law license, told Radio Free Asia.

Zhang Kai, another Beijing lawyer who had defended Alimjan, suffered the same fate. (See “China Refuses to Renew Licenses for Human Rights Lawyers,” June 11, 2009.)

Alimjan’s legal team now plans to appeal to the Beijing Supreme Court, according to CAA.

Court Irregularities

Officials initially interrogated Alimjan during his employment by two foreign-owned companies and forbade him to discuss the questioning with anyone. In September 2007 they closed the business he then worked for and accused him of using it as a cover for “preaching Christianity” among the Uyghurs.

Kashgar police then detained Alimjan on Jan. 11, 2008 on charges of endangering state security before formally re-arresting him on Feb. 20, 2008 for allegedly “inciting secession” and “leaking state secrets.”

He was then held for more than a year at the Kashgar Municipal Detention Center without facing trial.

After an initial closed hearing in the Kashgar Intermediate Court on May 27, 2008, court officials returned Alimjan’s case to state prosecutors citing lack of evidence. During a second secret hearing in July 2008 the charge of “inciting secession” was dropped. After further investigation the case was returned to court officials for consideration in mid-October 2008.

On Mar. 30, 2009, just one week after a rare prison visit from his lawyer, prison officials transferred Alimjan to a hospital in Kashgar. Alimjan called out to onlookers, “I’m sick. Tell my lawyer to come quickly to see me,” according to a CAA report. Compass sources confirmed that Alimjan had been beaten in prison. (See “Detained Uyghur Christian Taken to Hospital,” April 16, 2009.)

Last October, authorities finally sentenced Alimjan to 15 years in prison for “leaking state secrets” to foreign organizations.

“It is the maximum penalty for this charge … which requires Alimjan’s actions to be defined as having caused irreparable, grave national damage,” Li Dunyong said in a CAA press statement announcing the verdict.

The United Nations Working Group on Arbitrary Detention has ruled the arrest and detention of Alimjan to be arbitrary and in violation of international law, according to CAA.

Report from Compass Direct News 

Chinese Pastor Sentenced to 15 Years in Prison

Harsh punishment for house church leader based on apparently far-fetched charge.

LOS ANGELES, December 8 (CDN) — Chinese authorities have quietly sentenced Uyghur Christian Alimjan Yimit (Alimujiang Yimiti in Chinese) to 15 years in prison on the apparently contrived charge of “providing state secrets to overseas organizations,” according to China Aid Association (CAA).

The charge against the 36-year-old house church leader, held for more than two years at Kashgar Detention Center in China’s troubled Xinjiang region, was apparently based on interviews he granted to media outside of China, according to his lawyer, Li Dunyong.

“The 15-year sentence is far more severe than I originally expected,” Li said in a CAA press statement released yesterday. “It is the maximum penalty for this charge of ‘divulging state secrets,’ which requires Alimujiang’s actions to be defined as having ‘caused irreparable national grave damage.’”

CAA President Bob Fu said Alimjan’s sentence was the most severe for a house church leader in nearly a decade.

“The whole world should be appalled at this injustice against innocent Christian leader Alimujiang,” Fu said in the CAA statement. “We call upon the U.N. and people of conscience throughout the world to strongly protest to the Chinese government for this severe case of religious persecution.”

CAA reported that officials had read the verdict to Alimjan while he was incarcerated on Oct. 27. Li confirmed to CAA that he had filed an appeal.

Initially the Bureau of State Security of Kashgar detained Alimjan on “suspicions of harming national security” on Jan. 11, 2008, according to CAA. As such charges are generally leveled against those considered to be an enemy of the state, Alimjan’s family feared he would be subjected to capital punishment. Local sources have said that Alimjan, a convert from Islam in an area teeming with separatist tensions, loves and supports the Chinese government.

“As a loyal Chinese citizen and business entrepreneur, Alimujiang has held to high standards, paying his taxes faithfully and avoiding a common local custom of paying bribes for business favors,” Fu said in a previous CAA statement. “He has also done his best to assimilate into Chinese culture, making the unusual decision to send his children to a Chinese language school in a predominantly Uyghur area.”

Friends of Alimjan have said he simply wanted the freedom to quietly express his faith, a right guaranteed to him in the Chinese constitution, according to CAA. Not only is it illegal for him to own a Uyghur Bible, according to the advocacy organization, but he is also prohibited from attending services at the government-controlled Three Self Church in the area because the Xinjiang constitution contradicts China’s constitution. He is also prohibited from praying with foreign Christians.

On Feb. 20, 2008 the initial charges against him were changed to “inciting secession” and leaking state secrets. Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence.

This year he was secretly tried again on July 28, only on the second charge. Previously, attorney Li had petitioned for and been granted permission to meet with his client on April 21. Witnesses had seen police and a prison doctor escorting Alimjan to hospital on March 30, and Compass sources said Alimjan had been beaten in prison, although it was not clear who beat him or why.

When Li questioned him, Alimjan indicated that he was not allowed to speak about his health.

The United Nations Working Group on Arbitrary Detention ruled his arrest and detention to be arbitrary and in violation of international law.

“The whole case is about religious faith issues, which are being used against Alimujiang for his conversion from Islam to Christianity by biased law enforcement agents, prosecutors and the court,” said attorney Li. “The key for this case was the flawed ‘Certificate for the Evidence.’ In both form and content, the certificate was questionable. It even had no signature by the verifier at the bureau, which violates Chinese law.”

Sources said there appears to be a concerted effort to shut down the leadership of the Uyghur church in a restive region where authorities fear anything they cannot control. The region of ethnic Uyghurs has come under a government crackdown the past two years as long-simmering tensions erupted.

Disputes over ownership of Xinjiang’s land and rich mineral resources have led to resentment between Uyghurs – native to Xinjiang – and Han Chinese. Religious differences are also an issue, with a vast majority of Uyghurs practicing Islam, while most Chinese are officially atheists or follow Buddhism or syncretistic folk religions. Only a handful of China’s estimated 10 million Uyghurs are known to be Christians.

Report from Compass Direct News 

China Releases Uyghur Church Leader from Prison

Osman Imin freed after two years; concerns remain over incarcerated Alimjan Yimit.

LOS ANGELES, November 24 (CDN) — A Uyghur Christian in China’s troubled Xinjiang region was released last week after serving two years in a labor camp for alleged “illegal proselytizing” and “leaking state secrets,” according to Compass sources.

House church leader Osman Imin (Wusiman Yaming in Chinese) was freed on Wednesday (Nov. 18), sources said. Authorities had called for a 10-15 year prison sentence for Osman but significantly reduced the term following international media attention.

An outspoken leader of the Uyghur church in the northwestern region of China, Osman was first arrested in 2004 and kept at a detention center in Hotan, southern Xinjiang. Local sources said his arrest was almost certainly related to his church work.

There he was chained to a metal bed in winter and frequently beaten while interrogated. Osman was released on bail on Nov. 18, 2004, but bail was canceled in October 2006. On July 26, 2007, he was again placed under supervised house arrest and finally detained by police on Nov. 19 of that year on the charge of “revealing state secrets.”

Authorities denied him access to a lawyer, and in June 2008 a court rejected his appeal without explanation.

Authorities eventually moved him to the labor camp outside Kashgar. While in prison Osman was forced to work 12 to 15 hours a day, and his health quickly deteriorated. He was reportedly suffering malnutrition throughout his confinement.

Osman and his wife Nurgul have two young daughters.

Still in arbitrary detention in the region is another Uyghur Christian, Alimjan Yimit (Alimujiang Yimiti in Chinese). Officials initially closed the foreign-owned business Alimjan worked for in September 2007 and accused him of using it as a cover for “preaching Christianity.” He was then detained in January 2008 on charges of endangering state security and was formally arrested on Feb. 20, 2008 on charges of “inciting secession” and leaking state secrets.

Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence. Last May 21, government sources told Alimjan’s mother that the Public Security Bureau (PSB) in Kashgar planned to quietly sentence him to three years of re-education through labor, thereby circumventing the court system.

Under Chinese law the PSB, which originally filed the case against Alimjan, may authorize such sentences without approval from the court or other state agencies.

Court authorities have returned Alimjan’s case to state prosecutors, citing lack of evidence for charges of “leaking state secrets” and “inciting secession.” Family, friends and work colleagues have insisted that Alimjan is a loyal citizen with no access to state secrets, and that his arrest was due largely to his Christian faith and association with foreign Christians.

In Xinjiang’s politically charged environment, Alimjan’s family and friends fear he could face execution if he were wrongly linked with alleged Uyghur separatists.

Sources said there appears to be a concerted effort to shut down the leadership of the Uyghur church in a restive region where authorities fear anything they cannot control. The region of ethnic Uyghurs has come under a government crackdown the past two years as long-simmering tensions erupted.

Disputes over ownership of Xinjiang’s land and rich mineral resources have led to resentment between Uyghurs – native to Xinjiang – and Han Chinese. Religious differences are also an issue, with a vast majority of Uyghurs practicing Islam, while most Chinese are officially atheists or follow Buddhism or syncretistic folk religions. Only a handful of China’s estimated 10 million Uyghurs are known to be Christians.

As part of authorities’ apparent effort to clamp down on Christianity, they have disbarred several lawyers involved in the defense of Uyghur Christians, including Alimjan’s attorney, Li Dunyong. He was effectively disbarred at the end of May when Chinese authorities turned down an annual application to renew his law license.

Zhang Kai, another Beijing lawyer who had defended Alimjan, suffered the same fate.

Authorities failed to renew licenses for at least 15 other lawyers who had defended civil rights cases, religious and ethnic minorities and political dissidents, according to watch group Human Rights in China.

Report from Compass Direct News 

CHINA: AUTHORITIES REFUSE TO RENEW LICENSES FOR HUMAN RIGHTS LAWYERS

Key attorney for Uyghur Christian among those effectively disbarred.

DUBLIN, June 11 (Compass Direct News) – Li Dunyong, one of several lawyers involved in the defense of Uyghur house church Christian Alimjan Yimit (Alimujiang Yimiti in Chinese) was effectively disbarred at the end of May when Chinese authorities turned down an annual application to renew his law license.

Zhang Kai, another Beijing lawyer who had defended Alimjan, suffered the same fate.

Authorities failed to renew licenses for at least 15 other lawyers who had defended civil rights cases, religious and ethnic minorities and political dissidents, according to watch group Human Rights in China (HRIC).

During a process of “Annual Inspection and Registration” for all lawyers and law firms, with a closing date of May 31 for renewal applications, authorities also denied three law firms the necessary approval to practice. Officials harassed and physically abused several of the affected lawyers in the months prior to the loss of their licenses.

The lawyers can technically appeal this decision or re-apply at a later date, but most see this as a clear warning to avoid handling sensitive cases.

“The process of building a country ruled by law has suffered a serious setback,” HRIC claimed in a statement on June 4.

The rejection of applications followed the Feb. 4 disappearance of Gao Zhisheng, a high-profile Christian human rights activist who once said that every human rights lawyer would eventually become a human rights case. Gao’s whereabouts remained unknown at press time. (See “Action Urged for Missing Rights Activist,” March 25.)

Lawyer Li had planned to visit Alimjan in northwest China early this month, but recent events have forced the legal team to reconsider its defense strategy.

Alimjan, a member of the troubled Uyghur minority in Xinjiang province, remains in arbitrary detention awaiting trial, 16 months after his arrest. Officials initially closed the foreign-owned business Alimjan worked for in September 2007 and accused him of using it as a cover for “preaching Christianity.” He was then detained in January 2008 on charges of endangering state security and was formally arrested on Feb. 20, 2008 on charges of “inciting secession” and leaking state secrets.

Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence. Last May 21, government sources told Alimjan’s mother that the Public Security Bureau (PSB) in Kashgar planned to quietly sentence him to three years of re-education through labor, thereby circumventing the court system.

Under Chinese law the PSB, which originally filed the case against Alimjan, may authorize such sentences without approval from the court or other state agencies.

The case was returned to court for consideration last October, but at press time there was no indication of another date for a court hearing.

Li petitioned for and was granted permission for a rare meeting with his client on April 21 after witnesses saw police and a prison doctor escorting Alimjan to a hospital on March 30; Compass sources said Alimjan had been beaten in prison, although it was not clear who beat him or why. When Li questioned him, Alimjan indicated that he was not allowed to speak about his health.

The beating followed a previous meeting with his lawyer – only the second of such visits permitted during his detention – on March 24.

Human Rights Advocates Threatened

On April 13, China’s State Council released a new “National Human Rights Action Plan” that focused heavily on protecting the rights of prisoners and included a pledge to abolish torture and other forms of abuse within two years.

Issued at least partially in response to a United Nations review of China’s rights record in February, the plan also affirmed the right of prisoners to hire and meet with lawyers and to report abuses in writing to the appropriate authorities.

Contrary to such promises, however, the detention and physical abuse of lawyers has multiplied in recent months, according to Human Rights Watch (HRW). Sophie Richardson, Asia advocacy director for HRW, maintains that control over the yearly renewal of licenses remains one of the main obstacles to the independence of China’s legal profession.

Authorities placed several human rights lawyers under house arrest or heavy surveillance in the first week of June as China marked the 20th anniversary of the June 4, 1989 crackdown on pro-democracy protests in Tiananmen Square. According to HRIC, policemen seized one of the 15 temporarily disbarred lawyers, Tang Jitian, from his home early on the morning of June 4; they had already detained him for 10 hours the previous day.

“This is a display of meticulously planned suppression of lawyers who enforce and uphold the law and are dedicated to public interests,” Tang told HRIC.

One lawyer, Jiang Tianyong, said officers barred him from leaving his home on June 3 and told him, “Think of your wife and child.” Jiang is among those whose licenses were not renewed.

In late May, HRW reported that Beijing authorities had pressured several legal firms not to endorse the renewal applications of members who had defended civil rights cases.

Report from Compass Direct News

CHINA: RELIGIOUS RIGHTS ABUSES CITED

Foreign Ministry spokesman asserts ‘full religious freedom’ despite arrests, torture.

DUBLIN, May 8 (Compass Direct News) – A U.S. government body cited increased harassment, imprisonment and torture of members of unregistered religious groups in China last year, which a Chinese official roundly denied.

After the U.S. Commission on International Religious Freedom (USCIRF) last week recommended China remain on the U.S. Department of State’s list of the world’s worst violators of religious freedom, a spokesman for China’s Foreign Ministry said USCIRF’s report was “an attempt to smear China.”

“It is a fact that the Chinese government protects its citizens’ freedom of religious belief according to law, and every ethnic group in any part of China enjoys full religious freedom,” Ma Zhaoxu, said Tuesday (May 5) in a statement quoted by the Chinese daily Xinhua.

The commission acknowledged that “the freedom to participate in officially-sanctioned religious activity increased in many areas of the country over the past year,” but noted that abuses of members of unregistered religious groups had extended to a small handful of lawyers who dared to defend them.

In at least 17 provinces, some 764 Protestant leaders and house church members were arrested in the past year, 35 of whom were sentenced to prison for a year or more, the report said. According to the state department, the total number of Protestant house church members and “underground” Catholics arrested in the past year may be in the thousands.

Religious freedom also deteriorated significantly in Uyghur Muslim and Tibetan Buddhist regions over the past year, according to the commission report. Officials have urged “stronger management” of Protestant and Catholic activity in Xinjiang, while new laws have allowed greater control over Muslim and Buddhist community leaders in both regions.

Police detained Chinese house church leader Lou Yuanqi in Xinjiang province in May 2008, charging him with “inciting separatism” and “utilizing superstition to undermine the law.” A local court refused to accept his case due to insufficient evidence, but Yuanqi remained in detention until his release on bail on April 24.

Officials further restricted religious freedom in the autonomous regions of Xinjiang and Tibet during the period USCIRF covered for the report, May 2008 through April 2009. Ismail Tiliwaldi, chairman of the Xinjiang Uyghur Autonomous Region (XUAR), urged local police and religious affairs officials to “exercise stronger management” over Protestantism and Catholicism and strictly guard against foreign infiltration and sabotage, the commission stated.

On Jan. 1, 2008, new laws gave officials in both regions greater powers to monitor the training, assembly, selection and speeches of community religious leaders. More recently, officials have enforced bans on religious education; authorities in Tibet have warned parents to keep children away from religious ceremonies, while Xinjiang officials in February and March began a campaign to halt illegal religious schools and arrest anyone engaged in “cross-village worship.”

The campaigns in Xinjiang have largely targeted Muslims, but Uyghur Christians are also affected. Unable to freely attend government-sanctioned Three-Self Patriotic Movement (TSPM) Protestant churches, they continue to meet in small groups in private homes, risking arrest and detention in labor camps.

House church Christian Alimjan Yimit (Alimujiang Yimiti in Chinese) remains in arbitrary detention awaiting trial, 15 months after his arrest. Officials initially closed the foreign-owned business Alimjan worked for in September 2007 and accused him of using it as a cover for “preaching Christianity.” He was then detained in January 2008 on charges of endangering state security and was formally arrested on Feb. 20, 2008 on charges of “inciting secession” and leaking state secrets.

Court officials returned Alimjan’s case to state prosecutors in May 2008, citing lack of evidence. The case was returned to court for consideration last October.

On April 21, attorney Li Dunyong petitioned for and was granted permission for a rare meeting with his client on April 21 after witnesses saw police and a prison doctor escorting Alimjan to hospital on March 30; Compass sources said Alimjan had been beaten in prison, although it was not clear who beat him or why. When Li questioned him, Alimjan indicated that he was not allowed to speak about his health.

Officials also continued tight surveillance of underground Catholic groups across China last year, according to USCIRF.

The official Catholic Patriotic Association (CPA) insists on selecting and ordaining clergy and forbids clergy or CPA members to have contact with the Vatican or other foreign Catholic organizations, USCIRF stated. The Vatican, however, has secretly ordained as many as 90 percent of CPA bishops and priests, the commission reported.

China watchers say pressure will increase rather than decrease as China anticipates several significant political anniversaries later this year.

Troubled Rights Advocates

The crackdown has extended to lawyers, particularly those handling religious rights cases. In March, officials revoked the license of Beijing’s Yitong Law Firm; the firm’s lawyers had been handling cases for unregistered house church Christians.

Christian attorney Gao Zhisheng, known for defending unregistered Protestant Christians and Falun Gong members, disappeared in February. Immediately prior to his disappearance, Gao had published a report of torture endured during a September 2007 interrogation. At press time his whereabouts remained unknown. (See “Action Urged for Missing Rights Activist,” March 25.)

Court officials in November 2007 sentenced Gao’s legal partner, Yang Maodong, to five years in prison for “illegal business practices.” Prison guards have reportedly tortured Yang with electric shock batons and other implements.

Earlier, in September 2007, officials beat prominent religious freedom advocate and attorney Li Heping with electric batons and ordered him to stop practicing law. When he refused, officials revoked his license.

Given these developments, the commission has urged the U.S. government to include religious freedom concerns in its discussions with the Chinese government.

Under terms of the 1998 International Religious Freedom Act, U.S. government officials are obliged to address religious rights concerns with the government of any country designated as a Country of Particular Concern.

Report from Compass Direct News

CHINA PASTOR RELEASED FROM PRISON AFTER INTERNATIONAL ATTENTION

A Chinese human rights watchdog organization says a Christian House Church leader has been freed by government authorities as the result of international pressure.

In a media release ChinaAid says that

at 6 p.m. on April 24, Pastor Lou Yuanqi of Xinjiang Uyghur Autonomous Region was released from prison under the provision of “bailed out waiting for trial, ” a legal procedure called “qu bao hou shen.”

ChinaAid said: “Though this provision allows for future arrest and prosecution, Pastor Lou was released and permitted to return home. The provision’s purpose is also to prevent Pastor Lou or his family from filing an administrative lawsuit against the state for compensation for illegal detention time.”

The media release explains that Xinjiang authorities could not find evidence sufficient to continue his prosecution and indictment. According to family members, Pastor Lou looked fragile, because of the horrible conditions he suffered in prison. He suffers from hepatitis B, and is in great need of medical attention.

It adds: “Pastor Lou’s faith is very strong, and he, his wife Wang Wenxiu and their three children are overwhelmed by the response from the international community.”

According to ChinaAid, Pastor Lou was first detained on May 17, 2008 at 1 p.m. in Qingshuihe town, Huocheng county of Xinjiang Uyghur Autonomous Region. Pastor Lou stood trial on December 15, 2008 on charges of “utilizing superstition to undermine the law.”

ChinaAid stated: “Those close to the case say the authorities’ motivation for the charge was to stop Lou’s house church from meeting in his home. Immediately after Lou’s trial, his daughter, Lou Tiantian, 18, was beaten by court police when she tried to speak with her father as he was being put into a police car.”

ChinaAid says that later, the court issued a statement, declaring “the facts [in Pastor Lou’s case] unclear and the evidence insufficient.” Despite this ruling, Pastor Lou continued to be imprisoned until his release on April 24.

Two other Xinjiang Christians, Alimujiang Yimiti and Wusiman Yiming, are currently suffering in prison for their faith, according to the ChinaAid media release.

Alimujiang Yimiti, a Uyghur Christian, was first detained on the charge of “endangering the security of the state,” then was officially arrested on February 20, 2008 for “suspicion of inciting secession and organizing people in stealing, spying, buying and illegally providing state secrets or intelligence to overseas organizations.”

However, ChinaAid says sources say the real reason for his detention is because of his Christian faith and witness among the Uyghur people. Alimujiang was seen March 31 around 10 a.m. (local time) at Nongsanshi (Military Farm) Hospital in Kashgar. His hands were bound and he was observed being roughly escorted by police and a prison doctor while repeatedly crying out to onlookers in Chinese, “I’m sick. Tell my lawyer to come quickly to see me.”

Wusiman Yiming, another Uyghur Christian, was sentenced to two years of re-education through labor in September 2007 for “revealing state secrets” and “illegal proselytizing.”

ChinaAid sources say that he was, in fact, sentenced because of his boldness as a Christian and a leader in the Uyghur church. Sources report that he has aged dramatically in the labor camp and his health is deteriorating due to harsh conditions.

“We welcome the release of this innocent pastor who has been arbitrarily detained for more than a year simply for his Christian faith related activities,” said ChinaAid’s Bob Fu.

“We urge the Xinjiang authorities to release other innocent people of faith such as Alimujiang Yimiti and Wusiman Yiming.”

Report from the Christian Telegraph

CHINA: DETAINED UYGHUR CHRISTIAN TAKEN TO HOSPITAL

Family fears for his safety; planned Easter celebration near earthquake area quashed.

DUBLIN, April 17 (Compass Direct News) – Family members of detained Uyghur Christian Alimjan Yimit are increasingly concerned for his safety following reports that police and a prison doctor escorted him in handcuffs to a hospital in Kashgar two weeks ago.

Alimjan (Alimujiang Yimiti in Chinese) called out to onlookers, “I’m sick. Tell my lawyer to come quickly to see me,” according to a China Aid Association (CAA) report.

Sources told Compass that Alimjan had been beaten in prison, although it was not clear who beat him or why.

The transfer from the Kashi Municipal Detention Center in Kashgar, Xinjiang province, came just one week after Alimjan’s lawyer met with him to discuss a court trial anticipated in May. According to CAA, this was only the second time authorities have allowed anyone to visit Alimjan since his arrest in January 2008.

Court authorities last May returned Alimjan’s case to state prosecutors, citing lack of evidence for charges of “leaking state secrets” and “inciting secession.” Family, friends and work colleagues have insisted that Alimjan is a loyal citizen with no access to state secrets, and that his arrest was due largely to his Christian faith and association with foreign Christians.

Compass sources confirmed this week that Alimjan’s family members are emotionally distraught over his continued detention and over lack of communication from prison authorities.

If convicted, Alimjan could face execution; Chinese authorities executed two alleged Uyghur separatists as recently as last Thursday (April 9).

Authorities first detained Alimjan on Jan. 12, 2008 on charges of endangering state security before formally re-arresting him on Feb. 20, 2008 for allegedly “inciting secession” and leaking state secrets to foreign organizations.

After court authorities returned Alimjan’s case to state prosecutors and after their further investigation, his case was returned to court officials for consideration in mid-October.

Compass sources claim Kashgar authorities are wary of the case due to its sensitivity. Officials initially interrogated Alimjan during his employment for two foreign-owned companies and forbade him to discuss the questioning with anyone. In September 2007 they closed the business he then worked for and accused him of using it as a cover for “preaching Christianity” among the Uyghurs. Alimjan was arrested several months later on political charges.

A second Uyghur Christian, Osman Imin (Wusiman Yaming in Chinese), sentenced to two years in labor camp for “leaking state secrets” and “illegal proselytizing,” is due for release this October. Authorities had originally called for a 10-15 year prison sentence for Osman but significantly reduced the term following international media attention.

Authorities permit Osman’s wife and children to visit him once a month.

 

Human Rights Proposal

On Monday (April 13), as family members waited to hear news of Alimjan’s condition, China’s State Council released a new document outlining proposed human rights improvements. The document focused heavily on protecting the rights of prisoners and included a pledge to abolish torture and other forms of abuse within two years.

The “National Human Rights Action Plan” was one of several measures proposed by a Chinese government delegation at a United Nations review of China’s human rights record held on Feb. 9.

The plan includes a ban on confessions extracted through torture and a new requirement for physical examinations before and after interrogations. It also affirms the right of prisoners to hire and meet with lawyers and to report abuses in writing to the appropriate authorities.

China’s state-run English newspaper, the China Daily, reported on March 24 that bullying and torture were a significant problem in the nation’s detention centers, and that at least five inmates had died under suspicious circumstances since Feb. 8, according to CAA.

 

SIDEBAR

‘Break-through’ for Christianity in China a Mirage

By Xu Mei

BEIJING, April 17 (Compass Direct News) – Prior to the event it was publicized abroad as the next great break-through for house church Christianity in China.

A giant, open celebration was to be held on Easter Sunday (April 12) in the western city of Chengdu, capital of Sichuan province. Finally, it seemed, the government would acknowledge the sacrificial work of house church Christians who came to Sichuan from throughout the country to help with rescue and reconstruction for those suffering from last May’s earthquake. It would be an open admission that Christianity – even of the house church variety – was a positive element in Chinese society.

Verbal permission had been obtained for 2,500 house church Christians throughout China to meet for the special celebration entitled, “Build Up the Church and Bless Society.” Some 50 government officials had been invited to the event, to be held at Chengdu’s new exhibition center. Christians from Singapore and the United States flew in for it.

But the day before Easter, police abruptly informed the center that the event was cancelled. Organizers hastily changed the venue to a smaller, old exhibition center where only about 1,000 people could be accommodated. Plans for a more low-key event were stitched together, to start at 5 p.m. on Easter Sunday.

But even this was too much. An hour before the event, police barred the door. The foreigners left. None of the promised government officials turned up. A few hundred bemused Chinese house church Christians seized the opportunity to hold an impromptu worship service in a nearby parking lot.

Police intervened there, too, and arrested some local house church leaders. They were released later that evening.

The debacle comes after another much-publicized “break-through,” a supposedly government-sponsored seminar in Beijing last Nov. 21-22 in which officials were said to have met with house church leaders (see http://www.compassdirect.org, “Officials Reach Out to House Churches; Raids, Arrests Continue,” Dec. 9, 2008). The chief organizer later denied there was any government involvement, much less a break-through.

Rather, a minor Non-Governmental Organization had assembled academics, including some Christians, to meet with house church leaders to discuss church-state relations and make proposals they hoped might be passed on to the government at some future stage.

Observers speculate that in both the symposium and the Easter celebration, Christians overseas and perhaps some younger Chinese Christians – who have less experience than their elders with the machinations of the Chinese Communist Party (CCP) – had overestimated the benevolence of government authorities. Faced with the enormity of an economic crisis, sources said, the government seems to be in no mood to take major steps to liberalize oppressive religious policies, let alone legalize house churches.

That the Beijing seminar was actually held, and that the Chengdu celebration could be organized only to be stopped at the last minute, could be viewed as hopeful signs of how the Chinese government has lumbered forward, at glacial pace, towards a more open policy towards Christians over the last decade or so. But powerful reactionary forces within the CCP view with dismay the extraordinary growth of the church, sources say.

Many officials still view Christianity – and especially house churches – as an ideological and political threat. Limits on the public expression of Christian worship and evangelism are clearly laid down in a welter of national, provincial and local documents issued by CCP and government over the past 25 years. Sources say minor infractions may be winked at, but major changes in a more liberal direction are not to be expected.

Officials are struggling to control a country that threatens to become increasingly uncontrollable. Depending on how long the economic recession grips China, sources say, it seems likely that for the next two years at least, the government will err on the side of caution.  

Report from Compass News Direct