A new online safety bill could allow censorship of anyone who engages with sexual content on the internet

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Zahra Zsuzsanna Stardust, UNSW

Under new draft laws, the eSafety Commissioner could order your nude selfies, sex education or slash fiction to be taken down from the internet with just 24 hours notice.

Officially, the Morrison government’s new bill aims to improve online safety.

But in doing so, it gives broad, discretionary powers to the commissioner, with serious ramifications for anyone who engages with sexual content online.

Broad new powers

After initial consultation in 2019, the federal government released the draft online safety bill last December. Public submissions closed on the weekend.

The bill contains several new initiatives, from cyberbullying protections for children to new ways to remove non-consensual intimate imagery.

Julie Inman Grant was appointed as the government’s eSafety Commissioner in 2016.
Lukas Coch/AAP

Crucially, it gives the eSafety Commissioner — a federal government appointee — a range of new powers.

It contains rapid website-blocking provisions to prevent the circulation of “abhorrent violent material” (such as live-streaming terror attacks). It reduces the timeframe for “takedown notices” (where a hosting provider is directed to remove content) from 48 to 24 hours. It can also require search engines to delete links and app stores to prevent downloads, with civil penalties of up to $111,000 for non-compliance.

But one concerning element of the bill that has not received wide public attention is its takedown notices for so-called “harmful online content”.

A move towards age verification

Due to the impracticality of classifying the entire internet, regulators are now moving towards systems that require access restrictions for certain content and make use of user complaints to identify harmful material.

In this vein, the proposed bill will require online service providers to use technologies to prevent children gaining access to sexual material.

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Controversially, the bill gives the commissioner power to impose their own specific “restricted access system”.

This means the commissioner could decide that, to access sexual content, users must upload their identity documents, scan their fingerprints, undergo facial recognition technology or have their age estimated by artificial intelligence based on behavioural signals.

But there are serious issues with online verification systems. This has already been considered and abandoned by similar countries. The United Kingdom dropped its plans in 2019, following implementation difficulties and privacy concerns.

The worst-case scenario here is governments collect databases of people’s sexual preferences and browsing histories that can be leaked, hacked, sold or misused.

eSafety Commissioner as ‘chief censor’

The bill also creates an “online content scheme”, which identifies content that users can complain about.

The bill permits any Australian internet user to make complaints about “class 1” and “class 2” content that is not subject to a restricted access system. These categories are extremely broad, ranging from actual, to simulated, to implied sexual activity, as well as explicit nudity.

In practice, people can potentially complain about any material depicting sex that they find on the internet, even on specific adult sites, if there is no mechanism to verify the user’s age.

The potential for complaints about sexual material online is very broad under the proposed laws.
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The draft laws then allow the commissioner to conduct investigations and order removal notices as they “think fit”. There are no criteria for what warrants removal, no requirement to give reasons, and no process for users to be notified or have opportunity to respond to complaints.

Without the requirement to publish transparent enforcement data, the commissioner can simply remove content that is neither harmful nor unlawful and is specifically exempt from liability for damages or civil proceedings.

This means users will have little clarity on how to actually comply with the scheme.

Malicious complaints and self-censorship

The potential ramifications of the bill are broad. They are likely to affect sex workers, sex educators, LGBTIQ health organisations, kink communities, online daters, artists and anyone who shares or accesses sexual content online.

While previous legislation was primarily concerned with films, print publications, computer games and broadcast media, this bill applies to social media, instant messaging, online games, websites, apps and a range of electronic and internet service providers.

Sex education material may be subject to complaints.
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It means links to sex education and harm reduction material for young people could be deleted by search engines. Hook up apps such as Grindr or Tinder could be made unavailable for download. Escort advertising platforms could be removed. Online kink communities like Fetlife could be taken down.

The legislation could embolden users – including anti-pornography advocates, disgruntled customers or ex-partners – to make vexatious complaints about sexual content, even where there is nothing harmful about it.

The complaints system is also likely to have a disproportionate impact on sex workers, especially those who turned to online work during the pandemic, and who already face a high level of malicious complaints.

Sex workers consistently report restrictive terms of service as well as shadowbanning and deplatforming, where their content is stealthily or selectively removed from social media.

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The requirement for service providers to restrict children’s access to sexual content also provides a financial incentive to take an over-zealous approach. Providers may employ artificial intelligence at scale to screen and detect nudity (which can confuse sex education with pornography), apply inappropriate age verification mechanisms that compromise user privacy, or, where this is too onerous or expensive, take the simpler route of prohibiting sexual content altogether.

In this sense, the bill may operate in a similar way to United States “FOSTA-SESTA” anti-trafficking legislation, which prohibits websites from promoting or facilitating prostitution. This resulted in the pre-emptive closure of essential sites for sex worker safety, education and community building.

New frameworks for sexual content moderation

Platforms have been notoriously poor when it comes to dealing with sexual content. But governments have not been any better.

We need new ways to think about moderating sexual content.

Historically, obscenity legislation has treated all sexual content as if it was lacking in value unless it was redeemed by literary, artistic or scientific merit. Our current classification framework of “offensiveness” is also based on outdated notions of “morality, decency and propriety”.

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Research into sex and social media suggests we should not simply conflate sex with risk.

Instead, some have proposed human rights approaches. These draw on a growing body of literature that sees sexual health, pleasure and satisfying sexual experiences as compatible with bodily autonomy, safety and freedom from violence.

Others have pointed to the need for improved sex education, consent skills and media literacy to equip users to navigate online space.

What’s obvious is we need a more nuanced approach to decision-making that imagines sex beyond “harm”, thinks more comprehensively about safer spaces, and recognises the cultural value in sexual content.

Zahra Zsuzsanna Stardust, Adjunct Lecturer, Centre for Social Research in Health, Research Assistant, Faculty of Law and Justice, UNSW

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

Myanmar might finally be held accountable for genocide, but the court case must recognise sexual violence

Susan Hutchinson, Australian National University

It has been more than two years since “clearance operations” by Myanmar’s security forces, the Tatmadaw, forced more than 700,000 Rohingya across the border to neighbouring Bangladesh.

During this time, the UN Security Council has remained silent on the plight of Rohingya, with China and Russia working to keep it off the council’s agenda.

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But at the UN General Assembly last month, The Gambia announced it would take the Myanmar government to the International Court of Justice for the genocide of the Rohingya.

Vice-President Isatou Touray said The Gambia is:

a small country with a big voice on matters of human rights on the continent and beyond. […] The Gambia is ready to lead the concerted efforts for taking the Rohingya issue to the International Court of Justice on behalf of the Organisation of Islamic Cooperation and we are calling on all stakeholders to support this process.

Myanmar might finally be held accountable, but defending the Rohingya from genocide shouldn’t just be left to the global Islamic community. They need to be joined by countries with an interest in reducing the sexual and gender based violence at the core of the Tatmadaw’s genocidal campaign.

Otherwise, these important issues may not be sufficiently included in the case due to regional religious politics.

Sexual and gender violence

Last year, a Human Rights Council Fact-Finding Mission report detailed serious breaches of international humanitarian and human rights law by members of the Tatmadaw, including killing, rape, torture, arson and forced displacement.

The report also detailed how the Myanmar government, as a whole, was responsible for perpetrating these crimes, and should be held to account.

‘An OIC film on the Rohingya issue, a continuing tragedy of human rights violations and unimaginable humanitarian suffering’

In an additional report released in August this year, the fact-finding mission found sexual and gender based violence was:

part of a deliberate, well-planned strategy to intimidate, terrorise
and punish a civilian population.

The sheer volume of pregnant women in the refugee camps was one early indicator of the extent to which sexual violence was used against women and girls. But the mission also found it was used against men, boys and trans people.

In their view, acts of sexual and gender based violence were committed as genocide.

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In general, the UN Security Council has recognised the use of sexual violence as genocide, but they haven’t tied it to the crisis in Myanmar.

The council has passed nine resolutions on women, peace and security. Among other things, these resolutions call for the protection of women and girls, men and boys from conflict-related sexual violence, and urge countries to end to impunity for these crimes.

So, it is of the utmost importance that the sexual- and gender-based violence used in the genocide is accounted for in any International Court of Justice (ICJ) case.

How can the ICJ help?

The ICJ adjudicates between states, not individuals. Although individuals commit genocidal acts, under the Genocide Convention of 1948, states also have responsibility for preventing and punishing the crime of genocide.

Myanmar signed the UN’s Genocide Convention in 1957, which contains an article giving the ICJ jurisdiction if another state thinks they’ve breached their obligations.

This means once the case comes before the court, it can make rulings within a matter of days that would be binding on the government of Myanmar, the Security Council, or both. What’s more, it can begin almost immediately and can have immediate effect inside Myanmar.

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This could make a big difference for Rohingya still inside Myanmar who are experiencing the ongoing genocide.

An ICJ case could also serve as a way to recognise and remedy the collective harm of the sexual- and gender-based violence, not just the harm experienced by individuals.

International efforts

The Gambia has called on other countries to join it in taking a case against Myanmar to the ICJ. Canadian civil society and parliamentarians have been working to convince their government to bring such a case for more than a year. Importantly, a case from Canada against Myanmar would include sexual- and gender-based violence.

And there are a range of reasons why Canada would step forward in support of The Gambia’s case. Taking such action would align with Canada’s foreign policy objectives, such as those on human rights and women, peace and security.

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World must act to end the violence against Rohingya in Myanmar

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Canada is also campaigning for a seat on the UN Security Council, but they have stiff competition from Ireland and Norway.

Taking Myanmar to the ICJ would show Canada is a strong international actor, able to work for the good of global peace and security, navigating the full set of challenges posed by the permanent members of the Security Council.

But other countries can – and should – support The Gambia’s case and ensure the inclusion of sexual and gender-based violence in a range of ways.

ICJ cases are usually long and costly. Interested countries could offer financial assistance for The Gambia’s case. They can also join the case as co-applicants in support of The Gambia’s leadership.

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Lastly, once the case is lodged, the court allows other countries to intervene. Countries unwilling to come forward as co-applicants could ensure gendered and sexual violence issues are included by making just such an intervention.

At the Security Council later this month, UN Member States will have the opportunity to participate in the annual open debate on women, peace and security.

By then, someone must surely be able to stand up and say:

we stand with The Gambia, we will take the government of Myanmar to the International Court of Justice, to hold them to account for the sexual and gender based violence they perpetrated as genocide against the Rohingya.

Susan Hutchinson, PhD Candidate, Australian National University

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

Luke Foley’s resignation is a disaster for Labor but may not bolster Berejiklian much either

Luke Foley holds his resignation press conference, in a disaster for Labor as it prepares for an election in just over four months.

Michael Hogan, University of Sydney

The resignation of Luke Foley as Labor opposition leader in New South Wales is a disaster for the party as it faces a March 23 general election – but it isn’t necessarily great news for the ailing Berejiklian government either.

To form a judgement about the impact of Foley’s resignation on Labor’s electoral chances, just take a look at the state of play about a month ago.

First, we need to look at how the government and opposition were travelling before Corrections Minister David Elliott accused Foley of sexual misconduct under parliamentary privilege on October 18, effectively setting off Labor’s leadership crisis.

Virtually all media attention was on the performance of the Berejiklian government and on the premier herself. Foley was little known and little regarded. However, he was steering the ship with some skill, albeit with occasional problems.

It says a great deal about the low political esteem in which the government was held that, even without a popular opposition leader, the Coalition was seen to be in electoral difficulty. Not that a wager on a Labor victory would have been a safe bet back then, either. Still, the Coalition was likely to lose seats and quite likely to lose majority status in parliament at the upcoming elections.

Nothing has changed on that side of politics. Berejiklian still faces discontent about her hasty policy decisions and frequent backtracking; uncompleted grand projects like the new tram network and WestConnex remain problems rather than achievements.

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Add to that the difficulties over electoral support for the Coalition – especially for the National Party in regional New South Wales, and there is a flow-on from the disastrous performance of both Coalition parties at the federal level.

The unhappy picture only gets worse with the prospect of factional warfare in the Liberal Party as conservatives, led by Tony Abbott, attempt to take control of pre-selections and the state party machinery in the next few months.

Maybe the present crisis in the Labor Party will also have a negative effect on the Coalition, since David Elliott’s intervention smacks of the worst kind of “bear pit” politics that brings party politics into disrepute.

A mea culpa from Foley might have helped

Still, the Foley resignation is a disaster for the prospects of the Labor Party. Perhaps a quick transfer of power to a new leader, and apologies all round, might have left the party with a chance of winning the election. But Foley’s stated determination to fight the accusation with defamation proceedings makes the situation worse.

Foley can hope to remedy his plight only if he can prove that the allegations against him are false. As the likely new leader of the party, deputy leader Michael Daley, has pointed out, it is not politically (or ethically) acceptable for a political leader to blame his alleged victim.

Daley is also the shadow planning minister, and served as a former roads and police minister before Labor lost government. After Foley stood down, Daley quickly emerged as the most likely successor.

He was Foley’s main rival in the wake of the resignation of former Labor leader John Robertson in 2014.

Foley’s likely successor urges Foley to leave parliament

Daley, quite sensibly, has said that Foley should consider his position, and resign from parliament, and presumably drop his plan to sue for defamation. Foley has since said he will not re-contest his seat in the March 2019 election.

Presuming that Daley is the new leader, he will have little time to assert his authority and impress the electorate. He has ministerial experience, but that was in the disastrous last Labor administration, which was thrown out of office for the corruption that resulted in two of his ministerial colleagues going to prison.

His reputation in the party is of experience and competence, but he can expect to be reminded of his friends and colleagues, Eddie Obeid and Ian Macdonald. That is a lot of baggage to carry.

Michael Hogan, Associate Professor and Honorary Associate, Department of Government and International Relations, University of Sydney

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

Madonna or whore; frigid or a slut: why women are still bearing the brunt of sexual slurs

Sarah Hanson-Young on David Leyonhjelm: “He is — for lack of a better word … slut-shaming me”.
AAP/Lukas Coch

Eva Cox, University of Technology Sydney

Senator David Leyonhjelm’s sexist slur on Senator Sarah Hanson-Young during parliamentary debate raises many issues about how women’s credibility can be undermined by implications that they are sexually more active than is deemed “acceptable”.

This is a long-standing tactic, based on sexist assumptions that women can be classified as either Madonna or whore, frigid or slut: something Australian feminist Anne Summers wrote about so powerfully in her book Damned Whores and God’s Police. In it, Summers quoted Caroline Chisholm’s belief that the colony needed “good and virtuous women”. The misuse of female sexuality has more recently been rebadged as “slut shaming”, which in turn created its own feminist protests by women engaging in “slut walks” as a means of reclaiming the term as a positive.

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As academic and author Jessalynn Keller has written:

The phrase [slut-shaming] became popularized alongside the SlutWalk marches and functions similarly to the “War on Women,” producing affective connections while additionally working to reclaim the word “slut” as a source of power and agency for girls and women.

In this spirit, Hanson-Young has hit back. Leyonhjelm has refused to apologise for his comments, and Hanson-Young is now seeking further action. “I have a responsibility now, I have a responsibility to call this for what it is,” she told ABC radio. She said Leyonhjelm had suggested she was “sexually promiscuous”. She continued:

He is — for lack of a better word, and I really apologise for this, I’m thankful that my daughter is home in bed still and not up for school — he’s slut-shaming me.

This conflict arose from one of the many debates raised by the astounding successes of the #metoo movement, which has exposed women’s widespread experiences of sexual harassment and bullying.

The wider debate records what are obviously very long-standing differences of criteria applied to women’s behaviour as opposed to men’s. Despite it being nearly 70 years since publication of another classic feminist tome, Simone de Beauvoir’s The Second Sex, women are still seen as Other, and defined by powerful male criteria.

Whereas men’s virtues are often seen as multiple and universal, those seen as relating to women are still tied to outdated moral codes that assume our sexual behaviour is the primary indicator of who we are.

While sexual prowess and multiple “conquests” may be indicators of men’s approved masculinity, women may lose legitimacy if they are deemed promiscuous by having multiple partners.

There is no doubt men’s active sexuality is deemed acceptable and often excused as driven by physical needs, but women are still criticised for leading men on or astray. In other words, not only can’t women win in terms of their own sexuality and how it is somehow tied to their moral character, they are often asked, implicitly or explicitly, to take responsibility for men’s sexual behaviour too.

The so-called sexual revolution, catalysed by the availability of reliable female contraception in the 1960s, does not seem to have freed women in the same way it freed men. Interestingly, there is still no male pill that would reduce the risks for women, so we still carry that responsibility far too often.

All of this raises questions of how far real equality for women has come. I often quote a 1970s badge that read “women who want equality with men lack ambition”. We wanted to change what was valued and by whom, to balance the emphasis on macho material goals, tastes, attitudes and ambitions.

Current evidence suggests that, despite having more women in the senior ranks of most institutions, these are still there as parvenus, subjected to male criteria of what they think matters.

So women who do not fit the designated behaviour of Madonnas or whores are likely to be targeted for sledging. Former Prime Minister Julia Gillard copped it and there is no evidence the culture has improved.

For his part, Leyonhjelm is unrepentant. When asked whether his reaction was too personal, regardless of what he thought Hanson-Young, he said:

I think you’re being way too precious. If you’re a woman of 36, unless you’re celibate, it might be a reasonable assumption that you’re shagging men occasionally. It’s a legitimate assumption and I simply made that assumption.

This just reinforces the idea that she is promiscuous, which he must know will reduce her wider credibility. It is an oddly puritanical comment, given he claims to be libertarian.

Many politicians have taken issue with Leyonhjelm’s comments, though it is perhaps in part a result of the general debasing of parliamentary debate in recent years. Let’s hope the public outrage over this particular incident will create some push-back against vocal sexist slurs against women, in parliament and in broader society.

Eva Cox, Professorial Fellow, Jumbunna IHL, University of Technology Sydney

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

Banning workplace romances won’t solve the problem of sexual misconduct in the office

Malcolm Turnbull gave several justifications for his ban on ministers having sexual relationships with their staff.
AAP/Lukas Coch

Paula McDonald, Queensland University of Technology

The recent revelation of a sexual relationship between Deputy Prime Minister Barnaby Joyce and a young woman working in his office has created considerable embarrassment for the government and those involved. Prime Minister Malcolm Turnbull responded by announcing that sexual relations between ministers and their staff will be prohibited under a change to the ministerial code of conduct.

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Turnbull gave several justifications for the ban. These included that although ministers were entitled to privacy in personal matters, they must lead by example because they occupy positions of responsibility and trust.

Recently in the US, sexual relationships between Capitol Hill lawmakers and their staffers were prohibited in response to multiple scandals and in the wake of the #MeToo movement.

Inappropriate and unlawful sexual behaviour at work

To judge whether workplace relationship bans are an effective or appropriate response to alleged or actual sexual misconduct, we must first understand the difference between “inappropriate” sexual relationships and unlawful sexual behaviour.

Unlawful sexual conduct includes sexual abuse, sexual assault and sexual harassment. Sexual harassment is any unwanted or unwelcome sexual behaviour that makes someone feel offended, humiliated or intimidated. It is not interaction, flirtation or friendship that is mutual or consensual.

In contrast, inappropriate relationships – while not explicitly unlawful – are usually associated with unequal power relationships.

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What’s the difference between sexual abuse, sexual assault, sexual harassment and rape?

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Organisational codes of conduct often set out guidelines around the behaviour of supervisors and managers over their subordinates. A power imbalance between two employees may arise due to age, seniority or other factors, such as the capacity to influence outcomes.

The development of a sexual relationship in particular – even if it is apparently consensual – creates the potential for abuse of position, for damage to the less-empowered and potentially vulnerable individual, and for conflicts of interests to arise.

A common requirement in codes of employee conduct is for the person with the greater power to notify their supervisor of the relationship and immediately cease any decision-making role in respect of the subordinate. Such guidelines raise awareness of the potential for workplace relationships that may lead to later problems for those involved, and raise risks for organisational reputation and functioning.

By providing a clear course of action, such codes of conduct also acknowledge that workplace relationships do occur.

In contrast, outright bans on consensual sexual relationships at work are likely to be seen by many employees as over-reaching into their private lives. They may also perceive that it undermines their autonomy and dignity.

Retail fashion chain American Apparel recently introduced a policy barring managers from engaging in romantic relationships with employees over whom they had a perceived or actual influence. The policy also mandated the disclosure of such relationships – not to the person’s supervisor, but the human resources department.

Romantic relationships were defined broadly, and included both casual dating as well as committed relationships.

Public/private boundaries

In recent years, a considerable blurring of public/private boundaries in organisational life has occurred. Examples include the installation and monitoring of CCTV in workplaces, the enforcement of wearable surveillance devices that measure employees’ productivity in real time, and the “profiling” of job applicants through searches for private online information.

These employer actions have reshaped the boundaries between the relatively public sphere of work and the private lives of employees.

Workplace relationship bans may also be impractical and have unintended consequences. Many people meet their future partners at work or engage in short- or long-term consensual relationships that run their course.

The prospects of an employer effectively standing between two adults who are attracted to each other, or who fall in love, and preventing a relationship developing between them, seems slim.

Worse, bans may drive relationships underground. Employees who fear punitive consequences from ignoring a codified directive will likely conduct the relationship in secret. This may obfuscate loyalties and threaten the development of trust among co-workers. Engaging in a secretive relationship when those involved would prefer it was open may also prove stressful.

At its most extreme, regulating workplace relationships may damage women’s careers rather than contribute to them through a raising of professional standards.

Some male executives and senior politicians such as US Vice-President Mike Pence have been said to avoid working with women altogether to avoid being accused of inappropriate behaviour. This constrains opportunities for sensitive and strategic workplace discussions, and holds women back from key advancement opportunities.

Balancing competing interests

Joyce’s case raises several important issues insofar as preventing fall-out when colleagues engage in romantic and/or sexual relationships.

Banning relationships is likely to be ineffective and may result in disengagement, secrecy and resentment by employees of the encroachment of employment policies into genuinely private matters.

Outright bans also imply a connection between sexual misconduct and romantic relationships that is dubious at best. For example, although some sexual harassment cases arise following the breakdown of a former consensual relationship, most do not.

Preventing and redressing sexual harassment and achieving gender equality requires far more nuanced and multi-faceted approaches.

However, relationships of unequal power clearly need to be carefully managed to avoid the harmful consequences that may result for those involved. This can be achieved through carefully crafted and implemented policies and practices that raise awareness among employees of expectations about professional behaviour and where the greatest risks lie.

However, power comes in many forms. And it can only be judged on the basis of the particular circumstances and people involved.

Policies must also be sensitive to balancing the competing interests of employees and employers. This includes employees’ interests in privacy and autonomy, and employer interests in promoting workplace harmony and avoiding reputational damage.

Responses need to also acknowledge the reality that relationships between consenting adults are an inevitable and almost certainly enduring feature of many contemporary workplaces. Attempting to ban them is unlikely to be a panacea.

Paula McDonald, Professor of Work and Organisation, Queensland University of Technology

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

Burmese Army Oppresses Chin Christians, Study Says

Report shows widespread abuses, including murder, rape and forced labor.

DUBLIN, January 19 (CDN) — Burmese soldiers are systematically using forced labor, torture and rape to persecute majority-Christian residents of Chin state in western Burma, according to a report released today.

Entitled, “Life Under the Junta: Evidence of Crimes Against Humanity in Burma’s Chin State,” the report by Physicians for Human Rights (PHR) documented “extraordinary levels of state violence” against the Chin ethnic population in Burma, also called Myanmar.

Due to the influence of U.S. missionaries last century, the Chin are estimated to be 90 percent Christian, and the study indicates that it is therefore difficult to separate religious attacks from ethnic and other human rights abuses. Persecution of Christians is reportedly part of a wider campaign by the Burmese junta to create a uniform society in which the only accepted religion is Buddhism, according a 2007 government memo circulated in Karen state giving instructions on how to drive Christians out of the state.

Respondents who were specifically targeted for their Christian faith and ethnicity said soldiers had threatened them with the destruction of their homes or villages and threatened to harm or kill family members. A total of 71 households from 13 of 90 villages and towns surveyed also said government authorities had destroyed their local church buildings.

The most brutal attacks included the forced conscription, abduction or murder of children under the age of 15, and the rape of men, women and children. Burmese soldiers, locally known as the Tatmadaw, also confiscated food, livestock and other property and forced families to grow the cash crop jatropha, used to produce biofuel, instead of food crops required for basic survival. The study states that this caused many Chin to flee across land borders to India or Bangladesh.

Burmese soldiers were responsible for 94.2 percent of all specifically ethnic and religious incidents in the survey, supporting claims by advocacy organizations such as Christian Solidarity Worldwide that the military government is systematically working to “cleanse” Burma of ethnic and religious minorities.

Government agents also placed votes for Chin residents during national elections last November, warning them that soldiers in a nearby camp were ready to arrest them if they complained, and ordered a church to close after the pastor refused to wear a campaign T-shirt. (See “Burmese Officials Order Closure of Chin Church,” Nov. 18, 2010.)

When asked why the Burmese army acted as it did, 15 percent of respondents answered, “Because we are Christians.” Another 23 percent replied, “To persecute us,” and a further 23 percent said, “Because we are Chin.”

The report confirms evidence submitted to the United Nations for Burma’s Universal Periodic Review, to take place in Geneva from Jan. 24 through Feb. 4, that holds the ruling military junta responsible for widespread abuse of its citizens.

 

‘Crimes Against Humanity’

PHR and five partner organizations, including the Chin Human Rights Organization (CHRO), used scientific methods to carry out the survey in the early months of 2010, training 23 local surveyors to question a random sample of 621 households across all nine townships in Chin state. PHR identified the households only by survey number to protect their identity.

Those interviewed reported a total of 2,951 incidents in the previous 12 months, of which 95 percent were carried out by the Tatmadaw, local government officials, Burmese police or border security forces.

The report made a clear distinction between internationally recognized “crimes against humanity” and general human rights violations. Of the crimes against humanity, the most prevalent was forced labor for 91.9 percent of those surveyed, followed by ethnic-religious persecution at 14 percent. After these crimes came arbitrary arrest, detention or imprisonment at 5.9 percent, abduction at 4.8 percent, torture at 3.8 percent, rape or other sexual violations at 2.8 percent, murder at 1 percent and miscellaneous abuses at 0.2 percent.

As for lesser human rights violations, 52.5 percent of households surveyed reported livestock killed, 50.6 percent were forced to give food, 42.8 percent forced to give money, 12.8 percent had property attacked or destroyed, 11.2 percent had family members beaten and 9.1 percent had family members wounded from gunshots, explosions or deadly weapons.

In many cases, people suffered from the full range of human rights violations.

Six households, or 1 percent of those surveyed, reported family members killed by the Tatmadaw in 2009, with two households reporting multiple family members killed, and two of the victims being under the age of 15. Three of the six households believed they were specifically targeted because of their ethnicity and Christian faith.

An elderly grandfather who spoke to PHR in March 2010 said he felt depressed and helpless after a year when the Tatmadaw killed an 18-year-old family member and forced others in the family to build roads, porter supplies and carry weapons, threatening to kill them if they refused. The military also stole livestock, demanded food supplies, and forced the family to grow a single crop rather than food crops needed for basic survival.

“We dare not refuse the Tatmadaw, as even mothers with little children are beaten,” one respondent said.

Burmese soldiers tortured more than one person in the family of a 46-year-old man, while local government authorities forced them to relinquish livestock, food and money. Seventeen percent of torture victims and 29 percent of rape victims were under the age of 15.

A 36-year-old father of five in Paletwa township said Burmese soldiers had raped more than one member of his family at knifepoint within the past year, arbitrarily detained another member of the household at gunpoint, conscripted a family member into the army and burned down the church that once stood in his village.

In a foreward to PHR’s report, Richard Goldstone, a PHR board member and former U.N. chief prosecutor, and the Rev. Desmond Tutu of Chairman of The Elders, an independent group of prominent global leaders, urged that a U.N. commission of inquiry be established to investigate reports of human rights violations in Burma.

“It is unconscionable that suffering as dire as that of the Chin people under Burma’s dictatorship should be allowed to persist in silence,” they wrote.

They also urged Burma’s immediate neighbors and trade partners to use the occasion of Burma’s Universal Periodic Review to discuss the violations committed in Chin state and elsewhere in Burma, and work towards an alternative ‘roadmap’ to democracy for the Burmese people.

Report from Compass Direct News

Muslim Villager in Pakistan Allegedly Rapes Sixth Christian Girl

Police say son of local land owner confessed to multiple sexual assaults.

TARKHANI, Pakistan, January 14 (CDN) — A Muslim who allegedly confessed to sexually assaulting five Christian girls raped a 10-year-old Catholic girl in Punjab Province last month, according to her family.

Tarkhani police have charged 25-year-old Muhammad Aftab, also known as Chandu, with raping a minor (section 376 of the Pakistan Penal Code) in a sugar cane field in Village 226-GB, according to First Information Report (FIR) No. 429 at the Tarkhani Police Station. Aftab has been arrested and remanded to Central Jail Faisalabad.

Aftab allegedly raped the girl on Dec. 10, Abid Masih, a 31-year-old relative of the girl, told Compass in village 226-GB, Tarkhani near Gojra.

“Though we had informed the Tarkhani police station, for a day we kept quiet as the rapist had gone underground, and we waited for him to come out,” Masih told Compass at his home. “When the rapist saw that no one has taken action against him, he came out, and our girl immediately identified him.”

Masih said the girl, whose name is withheld, went to a nearby field with 7-year-old Sahil Abid to load sugar cane for transport to a processing plant. The girl’s father, 55-year-old electrician Yousaf Masih, said that Aftab seized her and rushed into the sugar cane fields.

“Sahil Abid started screaming for help, but no one was there to help him,” Abid Masih said. “Therefore he came running to us and told us that a man kidnapped her and has taken her to the sugar cane fields.”

Sahil took him and Yousaf Masih to the site, Abid Masih said.

“As we reached there, that man masked his face and disappeared into the dense sugar cane fields,” he said.

Abid Masih took her to the Tehsil Headquarters (THQ) Hospital, Samundri, he said.

Family members said that doctors at Samundri THQ Hospital confirmed that the girl was raped, and the FIR also notes that the medical report by doctors at the hospital states that she was raped.

“SHO [the Station House Officer] pleas to the honorable Court of Law to penalize the rapist/pedophile, who has confessed during interrogation to raping at least five other little Christian girls before this sad incident,” the FIR states. “The culprit is sent to Central jail Faisalabad under judicial remand on the orders of the court and deserves exemplary punishment.”

Abid Masih and Yousaf Masih said that Sahil also was unable to see the rapist’s face, but that the girl was able to recognize him because she had been assaulted by him in the fields. They said she identified Aftab, the son of a local land owner.

“It’s not the first time he has raped a minor girl,” Abid Masih said. “He has raped at least five little Christian girls before this, but those families under pressure kept their mouths shut, and Christians also tried to force us to keep quiet and refrain from filing a police case, as they were fearful that it might worsen the relations between Christian and Muslim villagers.”

Area sources said local Christians were angry with the family of Yousaf Masih for taking legal action against the rapist, believing that it would damage relations between Muslims and Christians.

Report from Compass Direct News

Thousands of trafficked girls found in Mali slave camps

Nigerian girls are being forced to work as prostitutes in Mali "slave camps," Nigerian officials say, reports CISA.

The girls, many of them underage, are often promised jobs in Europe but end up in brothels, said the government’s anti-trafficking agency. According to BBC correspondent, the brothels are run by older Nigerian women who prevent them from leaving and take all their earnings.

Nigeria’s National Agency for the Prohibition of Traffic in Persons (Naptip) said officials visited Mali in September to follow up "horrendous reports" from victims, aid workers and clergy in Mali.The agency said it was working with Malian police to free the girls and help them return to Nigeria.

They said there were hundreds of brothels, each housing up to 200 girls, run by Nigerian "madams" who force them to work against their will and take their earnings.

"We are talking of thousands and thousands of girls," Simon Egede, Executive Secretary of Naptip, told a news conference in Abuja, adding that they were between 20,000 to 40,000.

He, however, did not give details as to how the figure had been reached.

In a statement, Egede said girls were "held in bondage for the purposes of forced sexual exploitation and servitude or slavery-like practices."

"The madams control their freedom of movement, where they work, when they work and what they receive," he said.

The trade is centred on the capital Bamako and large cities, but the most notorious brothels are in the mining towns of Kayes and Mopti, where the sex workers live in "near slavery conditions," said Naptip.

Many of the brothels there also had abortion clinics where foetuses were removed by traditional healers for use in rituals, said Egede.

Most of the girls were reported to have come from Delta and Edo States in Nigeria.

Many were lured with the promise of work in Europe, given fake travel documents and made to swear an oath that they would not tell anyone where they were going.

On arrival in Mali, they were told they would have to work as prostitutes to pay off their debts. Prostitution is legal in Mali but not if it involves minors.

Naptip said it had also uncovered two major trafficking routes used to transport the women from Nigeria through Benin, Niger and Bukina Faso to Mali.

Egede said Naptip was working with the police in Mali to return the girls to Nigeria safely, shut down the trade and prosecute the traffickers.

Report from the Christian Telegraph

Muslims Order Christians to Leave Village in Pakistan

Christians drew wrath by objecting to sexual assaults on girls and women.

KHANEWAL, Pakistan, June 7 (CDN) — The head of a Muslim village last week ordered 250 Christian families to leave their homes in Khanewal district, Punjab Province, local residents said.

Abdul Sattar Khan, head of village No. 123/10R, Katcha Khoh, and other area Muslim residents ordered the expulsions after Christian residents objected too strenuously to sexual assaults by Muslims on Christian girls and women, said a locally elected Christian official, Emmanuel Masih.

Most of the village’s Christian men work in the fields of Muslim land owners, while most of the Christian women and girls work as servants in the homes of Muslim families, said Rasheed Masih, a Christian in the village who added that the impoverished Christians were living in appalling conditions.

The Muslim employers have used their positions of power to routinely sexually assault the Christian women and girls, whose complaints grew so shrill that four Christian men – Emmanuel Masih, Rasheed Masih, his younger brother Shehzad Anjum and Yousaf Masih Khokhar – sternly confronted the Muslims, only to be told that all Christians were to leave the village at once.

“The Muslim villagers came to us with the expulsion order only after Christian women and girls raised a hue and cry when they became totally exasperated because they were sexually attacked or forced to commit adultery by Muslims on a daily basis,” said Khokhar, a Christian political leader.

Khokhar said the unanimous decision to compel the Christians to leave their homes and relocate them was possible because the Christians were completely subject to the Muslims’ power.

“The Muslims had been telling the Christian women and girls that if they denied them sex, they would kick them out of their native village,” Emmanuel Masih added.

Christians created the colony when they began settling in the area in about 1950, said Anjum. Since then the migration of Muslims to the area has left the Christians a minority among the 6,000 residents of the village, said Emmanuel Masih.

“There is no church building or any worship place for Christians, and neither is there any burial place for Christians,” Emmanuel Masih said.

He said that the Rev. Pervez Qaiser of village No. 231, the Rev. Frank Masih of village No. 133 and the Rev. Sharif Masih of village No. 36, Mian Channu, have been visiting the village on Sundays to lead services at the houses of the Christian villagers, who open their homes by turns.

Asked why they didn’t contact local Katcha Khoh police for help, Emmanuel Masih and Khokhar said that filing a complaint against Muslim village head Khan and other Muslims would only result in police registering false charges against them under Pakistan’s notorious “blasphemy” statutes.

“They might arrest us,” Khokhar said, “and the situation would be worse for the Christian villagers who are already living a deplorably pathetic life under the shadow of fear and death, as they [the Muslims] would not be in police lock-up or would be out on bail, due to their riches and influence, very soon.”

 

Couples Charged with ‘Blasphemy’

That very fate befell two Christian couples in Gulshan-e-Iqbal town, Karachi, who had approached police with complaints against Muslims for falsely accusing them of blasphemy.

On May 28, a judge directed Peer Ilahi Bakhsh (PIB) police to file charges of desecrating the Quran against Atiq Joseph and Qaiser William after a mob of armed Islamists went through their home’s garbage looking for pages of the Islamic scripture among clean-up debris (see “Pakistani Islamists Keep Two Newlywed Couples from Home,” May 27).

Additional District & Sessions Judge Karachi East (Sharqi) Judge Sadiq Hussein directed the PIB police station in Gulshan-e-Iqbal to file a case against Joseph and William, newlyweds who along with their wives had shared a rented home and are now in hiding. The judge acted on the application of Muslim Munir Ahmed.

Saleem Khurshid Khokhar, a Christian provincial legislator in Sindh, and Khalid Gill, head of the All Pakistan Minorities Alliance in Punjab, said that police were threatening and harassing relatives and close friends of Joseph and William to reveal their whereabouts.

Islamists armed with pistols and rifles had waited for the two Christian couples to return to their rented home on May 21, seeking to kill them after the couples complained to police that the radical Muslims had falsely accused them of desecrating the Quran.

The blasphemy laws include Section 295-A for injuring religious feelings, 295-B for defiling the Quran and 295-C for blaspheming Muhammad, the prophet of Islam – all of which have often been misused by fanatical Muslims to settle personal scores against Christians.

Maximum punishment for violation of Section 295-A, as well as for Section 295-B (defiling the Quran), is life imprisonment; for violating Section 295-C the maximum punishment is death, though life imprisonment is also possible.

In village 123/10R in Khanewal district, Anjum noted that it is only 22 kilometers (14 miles) from Shanti Nagar, where Muslims launched an attack on Christians in 1997 that burned hundreds of homes and 13 church buildings.

Yousaf Masih added, “Muslim villagers have made the life a hell for Christians at village 123/10R.”

Report from Compass Direct News

Allegedly Raped Girl, Family in Pakistan Forced to Flee Town

Death threats, ultimatum from powerful Muslims compel father of 12-year-old to move.

GUJRANWALA, Pakistan, May 25 (CDN) — A Christian who accused a Muslim of raping his 12-year-old daughter has fled his town in Punjab Province with his family following death threats and police pressure to drop the case.

Citing “continuous threats” to take his life, Zafar Masih left Gujranwala’s predominantly Muslim town of Nai Abadi Tatlay Aali within 10 days of accusing Ali Ahmed, a 28-year-old businessman, of beating and raping his daughter on May 12.

His daughter, whose name was withheld, told Compass that her employer, Ahmed, beat and raped her when she went to his home, where she worked as a house servant. When she arrived she was surprised to find him at home in his room, she said.

“He grabbed my hair and asked me to sleep with him,” she said, amid tears. “I refused to let him have sexual relations with me, which enraged him.” 

Her body marred with bruises, she said he tore her clothes and she screamed, but no one else was in the home to hear her.

“Ali Ahmed overpowered me, and all my efforts were futile even though I strained with all my energy to stop him,” she said. “After getting stigmatized, I was threatened with dire consequences and the slaying of my whole family if I told about the rape.”

The oldest of four children, she fled the house and immediately sent her younger brother to call her father, who was working in a nearby field, she said.

Masih, her father, said he immediately went to Tatlay Aali police station and submitted an application to file a First Information Report against Ahmed. Station House Officer Inspector Iqbal Ojjhra refused, he said, and began to pressure him to withdraw the application.

A powerful local politician along with the area’s largest land owner, Imtiyaz Kharral, have since threatened to maim or kill him, Masih said.

“I declined to withdraw my application, though I was being immensely pressured by both the leading Muslim men,” Masih said. “And Inspector Ojjhra had a new alibi every day for not registering the case.”

Inspector Ojjhra denied all allegations against him. He told Compass that he declined to register a rape case because he did not want to harm the Christian girl’s dignity, so instead he had recommended trying to resolve the conflict in a public gathering or “punchayat.”

Arif Masih, a Nai Abadi Tatlay Aali representative for local Christians, told Compass that the next evening, May 13, Kharral called a meeting at his farmhouse with Inspector Ojjhra, local Muslims and a contingent of police officers. Also summoned were Zafar Masih and his children, Arif Masih and the other Christian families of the town.

“At Imtiyaz Kharral’s farmhouse gathering, none of the Christians were allowed to speak or express their opinion,” said Arif Masih, who said the wealthy land owner considered himself the head of the town. “Even I being representative of the Christians was not allowed to speak for [Zafar Masih’s daughter] or put forward the demands of the Christians.”

Only Kharral spoke, saying that there were only two options – Zafar Masih could withdraw his rape charge, or he and the other Christian families in Nai Abadi Tatlay Aali could relocate elsewhere.

“He ignored the fact that the girl would have to live her whole life with this irrecoverable loss and stigma,” Arif Masih said. “I was totally helpless in this showdown, because Imtiyaz Kharral and Ali Ahmed have the favor of the local police head, Iqbal Ojjhra.”

Khalid Gill, chairman of the Christian Lawyers Foundation (CLF), condemned the dismissive police attitude toward marginalized Christians. He suggested that the chief justice of the Lahore High Court take suo moto action against the suspect, his associates and police officers as responsible for mental anguish of the area Christians.

Tahir Naveed Chaudhary, a Christian member of Punjab’s legislative assembly, also denounced the alleged rape and pledged to extend legal and financial support to the family of Zafar Masih. 

Most of the area Christians are construction laborers, sanitation workers and domestic servants working for daily wages. Zafar Masih said he could not afford to educate his children because he was living close to poverty level.

“My eldest daughter worked as a maidservant for a monthly salary of 500 rupees [less than US$6] to lend a hand,” he said. “We Christians in Pakistan have no life even dogs live better life than us.”

Report from Compass Direct News