Is bottom-pinching still ‘indecent’ by today’s community standards?

It wasn’t okay to touch people inappropriately in the 1970s and 80s, and it still isn’t now.
Elen Tkacheva/Shutterstock

Hadeel Al-Alosi, Western Sydney University

In a recent court case in Western Australia, Magistrate Michelle Ridley ruled that “in an era of twerking” and easy access to pornography, it was not an indecent assault when a police officer pinched a woman’s backside.

Here’s what happened. In December 2017, 48-year-old police officer of 17 years, Andrew Ramsden, participated in a yearly wheelchair basketball charity event. After the game, the anonymous complainant asked if she could have a “serious photo” with other members of the police team.

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But when posing for the photo, Ramsden thought it would be funny to startle her by pinching her buttocks, and she jumped forward in surprise when he did so. Ramsden reportedly then said to her either “I hope you take this the right way” or “don’t take this the wrong way”.

He was charged with “unlawfully and indecently assaulting another person” under section 323 of the Criminal Code (WA). And he was eventually found not guilty.

But twerking, grinding, and the easy availability of pornography should never be an excuse for sexual harassment. This argument effectively shifts the blame on victims and implies that the sexualisation of society means women consent to being sexually harassed, which is far from the truth.

And in the era of the #MeToo movement, where women are holding men to account for sexual harassment, it seems the court in the Ramsden case hasn’t caught up to this wider cultural shift.

What is considered ‘indecent’?

Determining if an act is “indecent” requires considering the intention of the accused.

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The courts have stated for an assault to be indecent there

must be a sexual connotation to the activity. It must be an activity which offends community standards of propriety prevailing at the relevant time.

In Ramsden’s case, the magistrate held that the act was not indecent because it was not done for a sexual purpose. And the WA Supreme Court recently upheld the magistrate’s decision, and acquitted him.

The magistrate and the Supreme Court rejected the prosecution’s argument:

the prevailing standards of the community today are that any touching by a man of the buttocks of a woman is inherently indecent.

It has never been okay

Determining community standards is best left to a jury rather than a single judge or magistrate to help ensure “the application of the law is fair and consistent with community standards”. However, no jury was used in Ramsden’s case, so it was up to the magistrate alone to decide whether today’s community would regard pinching a person’s bottom as indecent.

Magistrate Ridley said in the 1970s and 1980s, “a pinch on the bottom was naughty and seen as overtly sexual and inappropriate for that time”. But added nowadays “the thought of a pinch on the bottom is almost a reference to a more genteel time”.

Magistrate Ridley believed pinching a person’s backside lost its overtly sexual connotation “in an era of twerking and grinding, simulated sex and easy access to pornography”.

But it wasn’t okay to touch people inappropriately then, and it still isn’t now.

The worldwide #MeToo movement, which the prosecution referred to in the trial, is just one example showing the significant cultural shift in societal views of sexual harassment.

On appeal, the Supreme Court accepted the movement had led to an

increase in the number of complaints by women and to increase awareness of the unacceptability of such acts and conduct.

However, it held that no evidence was put forward to the magistrate

upon which a finding could be made that the effect of the movement itself had resulted in a change in community standards as to the ‘acts’ and ‘conduct’ that should, at law, be deemed ‘indecent’.

Cultural change takes time. The #MeToo movement is a positive step in changing how we respond to sexual assault. Implying pornography and dancing excuses sexual harassment is a step backwards.

University of Technology Sydney criminal law lecturer Dr Katherine Fallah criticised the Ramsden decision. In an interview on Triple J, Fallah made an excellent point, arguing:

The statement about twerking and about porn are offered in a fairly derisory way of talking about things that are very remote from the facts of the case – here we have a woman having a photo taken after … a wheelchair basketball charity event.

The bottom line

A person’s backside is an intimate part of one’s body and no one should have to tolerate unwanted contact of their private parts for someone else’s amusement.

The Ramsden case fails to reinforce this message because of the definition of “indecency”, which requires a sexual motive for the act.

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Read more:
Rape, sexual assault and sexual harassment: what’s the difference?

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Australian legislators need to step in and make it clear that deliberately pinching a person’s backside is a form of sexual harassment. Without consent, such conduct is unacceptable, regardless of whether it is done for a sexual purpose or in a poor attempt at humour.

The bottom line is that “bum pinching isn’t — and has never been OK”.

Hadeel Al-Alosi, Lecturer, School of Law, Western Sydney University

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

The case for holding politicians to the same disclosure standards as company directors

Cory Bernardi was recently caught up in a dispute over whether he had correctly disclosed a property he owns.
AAP/Mick Tsikas

Bede Harris, Charles Sturt University

Recent commentary on the rules governing politicians’ declaration of financial interests has highlighted the ease with which they are circumvented and the laxity with which they are enforced.

Senator Cory Bernardi was recently caught up in a dispute over whether he had correctly disclosed a A$1 million commercial property he owns in South Australia. He denies any wrongdoing and says he complied with the rules.

There are differences between the regimes governing politicians and directors of public companies; the former relate to assets whereas the latter govern transactions. But they both serve the same end – ensuring transparency and reducing the risk of conflicts of interest.

Why, then, are the rules so lax for politicians?

Why MPs aren’t pursued

Parliamentary rules require MPs declare a broad range of interests. They must also declare interests they are “aware” are held by their spouses and dependant children.

Politicians file interests late – sometimes only after media exposure. They frequently disregard the rules relating to minor assets and defy the rule relating to reporting spousal assets. The requirement of awareness in relation to family assets makes ignorance an easily available defence.

However, the chief problem is enforcement. The relevant law says events occurring within parliament, which would include breaches of financial disclosure rules, cannot be judged by the courts.

This rule is important because it protects free debate. But it ultimately makes the enforcement of internal parliamentary rules subject to political forces rather than purely legal considerations. This is because of how parliament’s internal processes work.

The initial decision on whether an MP has acted in contempt of parliament – for example, by failing to declare assets – is made by the relevant house’s privileges committee.

The government has a majority on the House of Representatives committee, so there is obviously little chance it will find against one of its own MPs. And even if a committee does make an adverse finding, it amounts only to a recommendation. It is up to the entire house (in which, again, the government has a majority) to make the final decision as to whether contempt has occurred and, if so, what punishment to impose.

Where an opposition MP is under the spotlight, a finding of contempt is theoretically more likely. But the reason this is only theoretical is that a party with a majority is aware the time will come when it will lose that majority. For this reason, it will not want to establish a precedent that can later be used against it.

So, it is in the interests of both major parties not to pursue contempt matters too vigorously.

This was strikingly illustrated in 2002, when former defence minister Peter Reith refused to appear before a Senate committee investigating the “children overboard” affair. On the face of it this amounted to contempt. Also, the Coalition parties did not hold a Senate majority. But Labor refrained from compelling Reith to give evidence or face contempt proceedings.

The upshot is there is no real likelihood MPs will face punishment for breaching financial disclosure rules. All that happens is they are allowed to “correct the record” – which makes failure to disclose essentially risk-free.

Company directors face stringent requirements

Contrast this with the requirements imposed on directors of public companies.

If any “related party” of a company – including a director, their spouse, child, parent or other company that any of these parties controls – wants to enter into a transaction with the director’s company, the shareholders’ permission has to be obtained in advance.

So, for example, if the father of a director wanted to purchase a vehicle owned by the company of which she was a director, the shareholders would have to approve the transaction before it took place.

Most importantly, any person involved in a breach of the rules is subject to a civil penalty of up to A$200,000 if the breach is not dishonest (that is, if it is unintentional), and faces criminal prosecution and a fine of up to A$200,000 and/or imprisonment for five years if the breach is intentional.

The consequences of MPs breaching financial disclosure rules could easily be toughened by amending the relevant law. Breaches should be subject to normal court proceedings, rather than being left to parliament’s dubious procedures. There should also be a penalty regime mirroring that applicable to company directors.

Bede Harris, Senior Lecturer in Law, Charles Sturt University

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

Buddhist Bhutan Proposes ‘Anti-Conversion’ Law

Already suppressed Christians say bill is designed to control growth.

THIMPHU, Bhutan, July 21 (CDN) — Christians in this Himalayan nation who are still longing to openly practice their faith were disheartened this month when the government proposed the kind of “anti-conversion” law that other nations have used as a pretext for falsely accusing Christians of “coercion.”

The amendment bill would punish “proselytizing” that “uses coercion or other forms of inducement” – vaguely enough worded, Christians fear, that vigilantes could use it to jail them for following the commands of Christ to feed, clothe and otherwise care for the poor.

“Now, under section 463 [of the Penal Code of Bhutan], a defendant shall be guilty of the offense of proselytization if the defendant uses coercion or other forms of inducement to cause the conversion of a person from one religion or faith to another,” reported the government-run Kuensel newspaper on July 9.

“There was always a virtual anti-conversion law in place, but now it is on paper too,” said a senior pastor from Thimphu on condition of anonymity. “Seemingly it is aimed at controlling the growth of Christianity.”

Kuenlay Tshering, a member of Bhutan’s Parliament and the chairperson of its Legislative Council, told Compass that the new section is consonant with Article 7(4) of the Constitution of the Kingdom of Bhutan, which states, “A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement.”

He said that the National Council had proposed that offenses under the proposal be classified as misdemeanors, punishable by one to less than three years in prison.

Tshering said that the amendment bill “may be passed during the next session of Parliament, after the National Assembly deliberates on it in the winter session.”

Asked if he was aware that similar “anti-conversion” laws in neighboring India had been misused to harass Christians through vague terms of “inducement,” he said he was not.

Authorities usually act on complaints by local residents against Christian workers, so frivolous complaints can lead to their arrest, said another pastor who requested anonymity.

Of the 683,407 people in Bhutan, over 75 percent are Buddhist, mainly from the west and the east. Hindus, mostly ethnic Nepalese from southern Bhutan, are estimated to be around 22 percent of the population.

There are around 6,000 Christians, mostly ethnic Nepalese, but there is neither a church building nor a registered Christian institution. The Bible, however, has been translated into the national language, Dzongkha, as well as into Nepali.

The constitution guarantees freedom of religion, but the government has not officially recognized the presence of Christians, whose practice of faith remains confined to their homes.

The Drukpa Kagyue school of Mahayana Buddhism is the state religion, with Hinduism dominant in the south, according to Bhutan’s official website, which adds, “Some residues of Bon, animism and shamanism still exist in some pockets of the country,” but makes no mention of Christianity.

Still, since Bhutan became a democracy in 2008 after its first-ever elections – following more than 100 years of absolute monarchy – people have increasingly exercised their freedom, including religious choice.

 

‘Why More Religions?’

Home and Culture Minister Lyonpo Minjur Dorji told Compass that Bhutan’s government had “no problems” with Christianity or any other faith.

“But Bhutan is a small country, with a little more than 600,000 people, and a majority of them are Buddhist,” Dorji said. “We have Hindus, also mainly in southern parts. So why do we need more religions?”

Buddhism is closely linked with political and social life in Bhutan. Dorji’s office sits in a gigantic monastery in Thimphu known as Tashichho Dzong. Buddhism unites and brings people together, Dorji said, explaining that the social life of a village revolves around its dzong (monastery).

Dorji said India’s multi-religious society had led to tensions and bloodshed.

“India can survive riots and unrest,” he said, “but Bhutan may not, because it is a small country between two giants [India and China].”

With leaders who have been proud that they have not allowed it to be colonized, Bhutan historically has been keenly concerned about its survival. Bhutan’s people see their distinct culture, rather than the military, as having protected the country’s sovereignty. And it is no coincidence that Dorji’s portfolio includes both internal security and preservation of culture.

The constitution, adopted in July 2008, also requires the state to protect Bhutan’s cultural heritage and declares that Buddhism is the spiritual heritage of Bhutan.

A government official who requested anonymity said that, as Tibet went to China and Sikkim became a state in India, “now which of the two countries will get Bhutan?”

This concern is prevalent among the Bhutanese, he added.

Sikkim, now a state in India’s northeast, was a Buddhist kingdom with indigenous Bhotia and Lepcha people groups as its subjects. But Hindus from Nepal migrated to Sikkim for work and gradually outnumbered the local Buddhists. In 1975, a referendum was held to decide if Sikkim, then India’s protectorate, should become an official state of the country. Since over 75 percent of the people in Sikkim were Nepalese – who knew that democracy would mean majority-rule – they voted for its incorporation
into India.

Bhutan and India’s other smaller neighbors saw it as brazen annexation. And it is believed that Sikkim’s “annexation” made Bhutan wary of the influence of India.

In the 1980s, Bhutan’s king began a one-nation-one-people campaign to protect its sovereignty and cultural integrity, which was discriminatory to the ethnic Nepalese, who protested. Their non-compliance, however, resulted in a harsh crackdown by authorities, leading to the expulsion or voluntary migration of over 100,000 ethnic Nepalese, many of whom were Christians, to the Nepal side of the border in Jhapa in the early 1990s.

“Bhutan did not want to become another Sikkim,” said a local resident, explaining why the government did not tolerate the protests.

Bhutan is also rigorous in implementing its laws related to the use of the national language, the national dress code and the uniform architectural standards throughout the country to strengthen its cultural integrity. Bhutanese men are required to wear the gho, a knee-length robe tied at the waist by a cloth belt, when they go to work or attend a public function. Women have to wear the kira, an ankle-length dress clipped at one shoulder and tied at the waist. Non-compliance can lead to fine
and imprisonment.

 

Brighter Future

One hopeful pastor said he expects the government to officially acknowledge the existence of Christianity in Bhutan in the near future.

“Religious freedom will be good for both Christians and the government,” he said. “If Christians are not officially acknowledged, who will the government go to if it wants to implement an executive decision related to religious communities?”

Explaining the reason for his hope, he recalled an incident in the Punakha area in January, when a house under construction was demolished after rumors that it was used as a church.

“The house owner, a Christian, went to his majesty [King Jigme Khesar Namgyel Wangchuck] and told him he was not constructing a church but would have worship with other believers on Sundays,” the pastor said. “The king allowed him to build the house.”

He also said that a delegation of Christians met with Prime Minister Lyonchen Jigmey Thinley in May 2009, who reassured them that there would be more freedom soon.

Christianity is gradually growing, but through word-of-mouth – testimonies of those who have received healing from sickness – and not public preaching, he said, adding that Christians needed to understand and be patient with the government, “which cannot and should not make changes or give freedom overnight.”

 

SIDEBAR

Christians’ Skulls, Bones Used for Buddhist Ritual

The ambiguity in Bhutan over the status of Christians has brought with it a new difficulty: A national daily recently reported that at least eight graves of Christians had been exhumed and the skulls and thigh bones extracted for a Buddhist ritual.

Although the report marked the first time the practice had made the news, Christian leaders said more than 100 graves have been dug up as the trade in human bones has been going on for more than five years.

A local resident of the Lamperi area, near Thimphu, identified as Namgay, told the Bhutan Observer that he found eight graves in a “secret forest graveyard” that had been exhumed by hunters of craniums and thigh bone.

“We saw skulls without craniums and a hand sticking out of a grave,” he was quoted as saying in the daily on May 27.

A human skull garners between 5,000 ngultrum (US$105) and 10,000 ngultrum (US$211) in Bhutan, with men’s skulls considered more valuable. The skull of a man affected by leprosy is not considered ideal for purification. Rather, such skulls are considered best for rituals to subdue evil spirits.

In a visit to the graveyard, the Bhutan Observer found at least eight graves freshly dug up. “Hand gloves, khaddar [a coarse homespun cotton cloth], a currency note, a wooden cross, and a wooden hammer lay scattered all over,” it reported.

The daily said the graveyard apparently belonged to the Christian community in Thimphu and nearby areas.

“Christians in the country say that there should be an official recognition that there are Christians in the country, and other things like burial rights will naturally follow,” the report noted.

A local pastor told Compass that since Christians did not have a burial ground, they buried their dead in forests.

“More than 100 bodies have been dug up, even though we have changed several locations for burial,” he said. “I wonder how the traders in human bones discover these locations. Where do we go now?”

Some local residents reportedly believe that a Christian grave brings bad luck.

Damcho Wangchu, a resident of Thinleygang area, told the daily that the area surrounding the graveyard was holy. He attributed all misfortune in the area – including storms, the death of three students and of four others – to the Christian cemetery.

“We never experienced such misfortunes in our gewog [cluster of villages] before,” he said.

The daily explained that the tradition of use of human skulls and thigh bones in Buddhist rituals was as old as Tantric Buddhism itself. “Thoepai Dagpa is a generic name for the text that illustrates the use and study of quality of skulls,” it reported.

Tantric Buddhism, widespread in Bhutan, involves rituals as a substitute or alternative for the earlier abstract meditations.

An editorial in the same newspaper noted, “Our hunt for the criminal will probably lead us from the unplanned graveyard to the sacred altar.”

Report from Compass Direct News

Vietnamese Christian, Family, Forced into Hiding

Officials expel them from village; elsewhere, pastor dragged behind motorbike.

HO CHI MINH CITY, April 1 (CDN) — Suffering severe abuse from villagers and local Vietnamese officials, Hmong Christian Sung Cua Po fled into the forest with his family on March 19.

An expulsion order had been issued to his family, an area Christian leader said.

Since Compass reported on Jan. 18 that Po, who embraced Christianity in November, received some 70 blows to his head and back after local officials in northwest Vietnam’s Dien Bien Province arrested him on Dec. 1, 2009, he suffered physical attacks by police of Nam Son Commune on Feb. 10 and the confiscation of his motorbike.

The Christian leader said that police have threatened that if he did not recant they would beat him till only his tongue was intact.

Around the Lunar New Year in mid-February, Po had an altercation with his father over offerings to family ancestors. Hmong Christians see no continuity between the old worship of ancestral spirits and their new faith in Jesus; for them it a spiritual power encounter with no possibility of compromise, and Po held fast to his allegiance to Christ, refusing to sacrifice to his ancestors. 

On Feb. 20, Nam Son district police were authorized by Dien Bien Dong district authorities to demolish Po’s house if deemed necessary. On Feb. 21, community members backed by police confiscated 40 sacks of paddy rice, the family’s one-year supply. The villagers also took all cooking and eating utensils from the family.

Pressure against Po, a member of the Sung clan that has long been resistant to Christianity, comes both from traditionalists in his ethnic community and the government, though the government officials have tried to hide their involvement. Primarily hostile toward the Po family have been Officer Hang Giang Chen of the Dien Bien district police and Officer Sung Boua Long of the Nam Son Commune police.

A source close to Po reported that local authorities and villagers tore down the family’s house on March 14. On March 19 the dispossessed Po couple fled into forest with their three children. Their relatives and community members say they do not know where they are. If previous experience holds true, they were likely given refuge by some of the many Christians in the region.

The same source reported that a foreign delegation visited the village on March 25 asking about Sung Cua Po. No Christians were allowed to meet the delegation. The source added that police had been there earlier to coach all villagers to say there was no government involvement in the mistreatment of the Po family and had issued dire threats for non-compliance.

Such antagonism has continued even though several western governments have raised the issue of the persecution of the Po family with high central government officials.

“The only conclusion one can draw,” said one knowledgeable Vietnam source, “is that the central government is either unwilling or unable to intervene and enforce the published national standards for religious tolerance.”

A Christian leader in the area told Compass yesterday that earlier this week authorities had burned 14 houses of Christians in another commune in Dien Bien Dong district, and that he was trying to arrange shelter for the affected families. The leader said the authorities of Dien Bien Dong district completely exempt themselves from Vietnam’s laws on religion and suffer no reprimand from above. 

After Po was first detained on Dec. 1, Dien Bien Dong District and Na Son Commune police and soldiers led by policeman Hang A Senh took him and his wife to the Na Son Commune People’s Committee office after police earlier incited local residents to abuse and stone them and other Christian families. After Po and his wife were beaten at 1 a.m. that night, he was fined 8 million dong (US$430) and a pig of at least 16 kilos.

Abuses Elsewhere

In Phu Yen Province in the south of Vietnam, religious intolerance was also on display as local police dragged a pastor behind a motorbike, Christian leaders reported.

Village police summoned Y Du, a 55-year-old pastor also from the Ede ethnic group, to a police station for questioning on Jan. 27. While driving his motorbike to the station, Pastor Du was stopped by village police who chained his hands together and then attached the chain by rope to his motorbike.

Christian sources said they forced Pastor Du to run behind the motorbike that they had commandeered, and he fell over many times, dragged along the ground. He was beaten and forced to keep running.

Local villagers at Hai Rieng witnessed what was happening and, fearing for the pastor’s life, shouted to the police to stop, the Christian leaders said. Du was then carried to the police station and was incarcerated in Phu Lam prison, Phu Lam district, Phu Yen Province. No formal charges were brought against him.

Local police subsequently visited his wife at their home, looking for evidence of illegal activity, Christian leaders reported. The officers said they suspected ties with organizers of demonstrations against confiscation of minority land and lack of religious freedom that were held six years ago.

Christian leaders said the police officers tried to bribe Pastor Du’s wife to renounce her Christian faith, saying, “If you renounce your faith, we will build you a new house and give you rice.” The family is poor and lives in a bamboo house. She replied, “I would rather die than renounce my faith.”

In mid-February, local police told Pastor Du’s wife that they could not find anything with which to charge her husband. But they said they continued to hold him because he refused to denounce the leader of a Bible school in Dak Lak Province, Pastor Mai Hong Sanh. Pastor Du was regularly beaten, Christians leaders reported.

Another evangelist, Pastor Y Co also from the Ede ethnic group, had also been held at Phu Lam prison, Phu Lam district, Phu Yen Province in the same conditions, they said. Pastor Du and Pastor Co had the opportunity to be released if they had signed "confessions," but they refused to do so, especially as they are not fluently literate in Vietnamese.

Both Pastor Du and Co are evangelists with the Vietnam Good News Mission Church.

Report from Compass Direct News 

Push for Islamic Courts in Kenya Alarms Christians

Emergence of Somali-related Islamic extremists puts authorities on high alert.

NAIROBI, Kenya, February 11 (CDN) — A constitutional battle to expand the scope of Islamic courts in Kenya threatens to ignite religious tensions at a time when authorities are on high alert against Muslim extremists with ties to Somalia.

Constitutional provisions for Islamic or Kadhis’ courts have existed in Kenya since 1963, with the courts serving the country’s coastal Muslim population in matters of personal status, marriage, divorce, or inheritance. Kenya’s secular High Court has jurisdiction over civil and criminal matters, and even a decision in the Islamic courts can be appealed at the High Court.

The Islamic courts have functioned only in Kenya’s Coast Province, but in a hotly debated draft constitution, their jurisdiction would expand across the nation and their scope would increase. The proposed constitution has gathered enough momentum that 23 leaders of churches and Christian organizations released a statement on Feb. 1 asserting their opposition to any inclusion of such religious courts.

“It is clear that the Muslim community is basically carving for itself an Islamic state within a state,” the Kenyan church leaders stated. “This is a state with its own sharia [Islamic law]- compliant banking system; its own sharia-compliant insurance; its own Halaal [lawful in Islam] bureau of standards; and it is now pressing for its own judicial system.”

Muslim leaders are striving to expand the scope of Islamic courts to include civil and small claims cases. They also want to upgrade the Muslim tribunals to High Court status. These demands have alarmed Christians, who make up 80 percent of the population and defeated a similar proposal in a 2005 referendum. Muslims make up 10 percent of Kenya’s 39 million people, 9 percent of the population follows indigenous religions and less than 1 percent are Hindu, Sikh and Baha’i.

The National Council of Churches of Kenya (NCCK) said the Committee of Experts (CoE) responsible for “harmonizing” drafts from various stakeholders ignored their concerns. The committee was responsible for determining what matters would be unduly “contentious” and was charged with keeping them out of the draft.

“We wrote to them, but we have been ignored,” said the Rev. Canon Peter Karanja, NCCK general secretary. “Who told the CoE that Kadhis’ courts were not contentious?”

Saying the committee ignored the crucial requirement of omitting what is “contentious,” Karanja said it did little to build consensus. He said that unless the Islamic courts are stricken from the constitution, Christians might be forced to reject the document in a national referendum later this year.

Muslim leaders, just as stridently, insist that recognition of the Islamic courts does not elevate Islam over other religions, and that if the courts are removed they will shoot down the draft in the referendum.

The 2005 referendum split the country and was followed by a bitterly disputed presidential election in 2007 that sparked rioting, reportedly leaving 1,300 people dead. The election dispute was resolved with one candidate becoming president and the other prime minister, and at the heart of the proposed constitution is an attempt to transfer presidential powers to the prime minister.

Christian leaders point out that the “Harmonized Draft” of the constitution discriminates against non-Muslims and contradicts its own Article 10 (1-3), which states that there shall be no state religion, that the state shall treat all religions equally and that state and religion shall be separate. They see the attempt to expand the scope of the Islamic courts as part of a long-term effort by Muslims to gain political, economic and judicial power.

Muslim leaders claim that inclusion of the Islamic courts in the new constitution would recognize “a basic religious right” for a minority group. Some Muslim extremists have said that if Islamic courts are removed from the draft constitution, they will demand their own state and introduce sharia.

Extremists Emerge

The constitutional issue erupted as security officials went on high alert when sympathizers of the Islamic terrorist al Shabaab militia appeared in a protest in mid-January to demand the release of radical Muslim cleric Abdullah Al-Faisal, who had entered the country on Dec. 31.

Al-Faisal, imprisoned from 2004 to 2008 after a British court convicted him of soliciting murder and inciting hatred, is on a global terrorism list. Government spokesman Alfred Mutua said Al-Faisal has been known to recruit suicide bombers and was arrested for violating terms of his tourist visa by preaching. He was reportedly deported to his native Jamaica on Jan. 21.

Eyewitnesses to the protests in Nairobi told Compass one demonstrator clad in fatigues, with his face masked by a balaclava, waved the black flag of the al-Qaeda-linked al Shabaab militia and passed his finger across his throat in a slitting gesture, taunting passersby.

Officials from the Council of Imams and Preachers of Kenya and from Muslims for Human Rights defended the demonstrations as legitimate to condemn violation of Al-Faisal’s rights. At least one person died as the protests turned violent, and Internal Security Minister George Saitoti said five civilians and six police officers were injured, with one security officer wounded from a bullet said to be shot by a demonstrator.

Al Shabaab-affiliated operatives appear to have targeted Christians in Kenya, according to an Internet threat in December by a group claiming to align itself with the Islamic extremist militia seeking to topple Somalia’s Transitional Federal Government. In an e-mail message with “Fatwa for you Infidels” in the subject line to Christian and governmental leaders in Kenya, a group calling itself the Harakatul-Al-Shabaab-al Mujahidin threatened to kill Muslim converts to Christianity and those who help them.

“We are proud to be an Islamic revolutionary group, and we are honored to be affiliated with Al Qaeda, a group of honest Muslims in which we share long-term goals and the broad outlines of our ideologies, while focusing on our efforts on attacking secular and moderate governments in the Muslim world, America and Western targets of opportunity and of course Uganda, Ethiopia, Burundi and Kenya if they do not stop their assistance to the Somali fragile and apostate government,” the group wrote in the e-mail. “Although we receive support for some of our operations, we function independently and generally depend on ourselves…”

The group threatened to shake the Kenyan government “in minutes,” calling it the “the most fragile target in the world.”

The emergence of al Shabaab and its sympathizers in Kenya coincides with the swelling of the Somali population in the country to 2.4 million, according to the August 2009 census.

Report from Compass Direct News 

European Court Rules Against Turkey’s Religion ID

Designation on identification cards used to discriminate on basis of religion.

ISTANBUL, February 5 (CDN) — A European court on Tuesday (Feb. 2) ordered Turkey to remove the religious affiliation section from citizens’ identification cards, calling the practice a violation of human rights.

Religious minorities and in particular Christian converts in Turkey have faced discrimination because of the mandatory religion declaration on their identification cards, which was enforced until 2006. Since then, citizens are allowed to leave the “Religion” section of their IDs blank.

The ruling by the European Court of Human Rights (ECHR) “is a good thing,” said Zekai Tanyar, president of the Turkish Protestant Alliance, citing prejudices against Christian converts.

“[Religion on the ID] can cost people their jobs,” he said. “It has been known to affect whether they get a job or not, how people look at them, whether they are accepted for a post or an application of some sort. Therefore I think [the ruling] is a good and appropriate thing.”

Tanyar said the same principles would apply in the case of Muslims living in a country that had prejudices against Muslims. For converts in Turkey having to state their religion on their ID cards, “in practice, and in people’s experience, it has been negative.” 

The ECHR ruling came after a Turkish Muslim national filed a petition challenging that his identification card stated his religion as “Alevi” and not Muslim. Alevis practice a form of Shia Islam that is different from that of the Sunni Muslim majority.

The court found in a 6-to-1 vote that any mention of religion on an identity card violated human rights. The country was found to be in violation of the European Convention of Human Rights – to which Turkey is a signatory – specifically Article 9, which deals with freedom of religion and belief; Article 6, which is related to due process; and Article 12, which prohibits discrimination.

The presence of the “religion” box on the Turkish national identification card obliges individuals to disclose, against their will, information concerning an aspect of their personal convictions, the court ruled.

Although the government argued that indication of religion on identity cards did not compel Turks to disclose their religious convictions, the ECHR found that the state was making assessments of the applicant’s faith, thus breaching its duty of neutrality and impartiality.

In a statement on the verdict this week, Turkish Prime Minister Recep Tayyip Erdogan said that the ruling was in line with the government’s intentions.

“I don’t see the ECHR decision as abnormal,” he said, according to Turkish daily Taraf. “It’s not very important if it is removed.” 

The ECHR is independent of the European Union, which Turkey seeks to join. The rulings of the ECHR are binding for members of the Council of Europe, of which Turkey is a member, and must be implemented.

A Step in the Right Direction

Human rights lawyers welcomed the decision of the ECHR, saying it is a small step in the direction of democracy and secularism in Turkey.

“It is related to the general freedom of religion in our country,” said human rights lawyer Orhan Kemal Cengiz. “They assume everyone is Muslim and automatically write this on your ID card, so this is a good reminder that, first of all, everyone is not Muslim in this country, and second, that being a Muslim is not an indispensible part of being Turkish.”

The lawyer said the judgment would have positive implications for religious minorities in Turkey who are subject to intolerance from the majority Muslim population. 

In 2000 Turkey’s neighbor Greece, a majority Christian Orthodox country, lifted the religion section from national IDs in order to adhere to European human rights standards and conventions, causing tumult among nationals.

“In Turkey, Greece or whatever European country, racism or intolerance or xenophobia are not rare occurrences if [religion] is written on your card, and if you are a minority group it makes you open to racist, xenophobic or other intolerant behaviors,” said Cengiz. “There might be times that the [religious] declaration might be very dangerous.”

International Implications

It is not yet known what, if any, effect the ECHR decision could have on the rest of the Middle East.

Because of its history, economic power and strategic location, Turkey is seen as a leader in the region. Like Turkey, many Middle Eastern countries have a place for religious affiliation on their identification cards. Unlike Turkey, listing religious affiliation is mandatory in most of these countries and almost impossible to change, even under court order.

According to Human Rights Watch (HRW), religious identification is used as a tool to deny jobs and even basic rights or services to religious minorities in many Middle Eastern countries.

“It’s a serious problem from a human rights point of view,” said Joe Stork, deputy director for the Middle East and North Africa for HRW, an international human rights organization. “It’s especially problematic when that requirement becomes a basis for discrimination.”

Stork said the identification cards shouldn’t have a listing for religion at all. He said the European decision may eventually be used in legal arguments in Middle Eastern courts, but it will be a long time before change is realized.

“It’s not like the Egyptian government is going to wake up in the morning and say, ‘Gee, let’s do that,’” Stork said.

Egypt in particular is notorious for using religion on IDs to systematically discriminate against Coptic Christians and converts to Christianity. While it takes a day to change one’s religion from Christianity to Islam on their ID, the reverse is virtually impossible. 

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 

Turkey: Religious freedom survey, November 2009

Ahead of the UN Human Rights Council May 2010 Universal Periodic Review of Turkey, Forum 18 News Service has found that the country continues to see serious violations of international human rights standards on freedom of religion or belief.

A long-standing crucially important issue, with many implications, is that Turkey has not legally recognised religious communities in their own right as independent communities with full legal status – such as the right to own places of worship and the legal protection religious communities normally have in states under the rule of law.

Additionally, the most dangerous threat to individuals exercising freedom of religion or belief has been a series of violent attacks and murders on those perceived as threats; in recent years the victims have been Christians.

Turkish citizens have argued to Forum 18 that the protection of the right of all to freedom of religion or belief, as laid down in the international human rights standards which Turkey is party to, should be the standard used by the authorities in all affected fields. They also argue that the authorities act against the intolerance fuelling violent attacks and murders.

Report from the Christian Telegraph 

Imprisoned Christian in Somaliland on Hunger Strike

Convert from Islam jailed for allegedly distributing Christian literature.

NAIROBI, Kenya, October 16 (CDN) — A convert from Islam in Somalia’s self-declared state of Somaliland has staged a hunger strike to protest his transfer to a harsh prison in a remote part of the country.

Osman Nour Hassan was arrested on Aug. 3 for allegedly providing Christian literature in Pepsi village, on the outskirts of the breakaway region’s capital city, Hargeisa. On Sept. 9 authorities transferred him from Hargeisa to Mandere prison, 60 kilometers (37 miles) away – a difficult, week-long trip for visitors that is expensive by Somali standards.

“Hassan is in really terrible shape,” a Christian source told Compass. “He is very discouraged.”

In August the Muslims who accused Hassan met with his family, also Muslim, and agreed that Islamic teachers, or sheikhs, should go to see him in jail to advise him on Islamic doctrine. Two sheikhs met him in the police station cell and implored him to stop spreading Christianity. Hassan refused.

“His family together with the sheikhs requested the prison to make his situation more harsh, as a form of punishment, with the hope that he would recant the Christian faith and return to Islam,” said the source on condition of anonymity. “So far the family has been silent about Hassan’s situation and gives him no support.”

Promotion of any religion other than Islam in Somaliland is prohibited, contrary to international standards for religious freedom such as Article 18 of the U.N. Universal Declaration of Human Rights. Article 5(1-2) of the Somaliland constitution states that Islam is the state religion and prohibits the promotion of any other faith, according to the U.S. Department of State’s 2008 International Religious Freedom Report, and Article 313 outlines penalties for Muslims who change their religion.

Authorities have thwarted efforts to secure an attorney for Hassan by insisting that he cannot appeal his sentence, the source said. No Christian has ever tried to address a religious rights violation through the courts in Somaliland, he said.

“He is in need of a lawyer to help him, which seems not forthcoming,” he said. “But he cannot be allowed the right to a defense anyway. He feels neglected, so he rejected to eat food to protest the mistreatment.”

Local authorities have embarked on a crackdown of underground Christians in the predominantly Muslim area, according to three Somaliland Christians who have fled the country. Several underground Christians have either been killed, arrested or fled their homes as Islamists try to stop the clandestine distribution of Bibles, sources said.

Hassan was accused of providing Christian literature to a village Muslim boy, who later showed it to his family and friends. The boy’s Muslim family reported the incident to the police, sources said, leading to the arrest of the 29-year-old Hassan.

“His stand is that he had only one Christian material in his possession for learning purposes and not for spreading the faith,” the Christian source said. “Hassan needs a lawyer to advocate for his case, because [for someone who was once Muslim] to practice Christianity in Somaliland or another religion apart from Islam is illegal.”

In spite of his discouragement, Hassan recently said he is adhering to Christ.

“I still belong to Jesus,” he said. “I know one day I’m sure I will be released, and my physical health is okay, but psychologically I feel very anxious and stressed. Please continue praying for me.”

Report from Compass Direct News 

Converts from Islam Jailed, Pursued in Somalia’s Breakaway Region

Christian natives of Somaliland face opposition from authorities, relatives for sharing faith.

ADDIS ABABA, Ethiopia, September 16 (CDN) — A convert from Islam in Somalia’s self-declared state of Somaliland has been jailed for distributing Christian materials, and another is on the run from both family members and police upset over his new faith.

Christian sources said Somaliland native Osman Nour Hassan was arrested on Aug. 3 for providing Christian literature in Pepsi village, on the outskirts of the breakaway region’s capital city, Hargeisa.

Promotion of any religion other than Islam in Somaliland is prohibited, contrary to international standards for religious freedom such as Article 18 of the U.N. Universal Declaration of Human Rights. Article 5(1-2) of the Somaliland constitution states that Islam is the state religion and prohibits the promotion of any other faith, according to the U.S. Department of State’s 2008 International Religious Freedom Report, and Article 313 outlines penalties for Muslims who change their religion.

Hassan was accused of providing Christian literature to a village Muslim boy, who later showed it to his family and friends. The boy’s Muslim family reported the incident to the police, the sources said, leading to the arrest of the 29-year-old Hassan. He was taken to Hargeisa central police station.

The arrest has upset underground Christians who see it as a muzzle on religious expression. They said other Muslim villagers had received Christian materials from Hassan and took no offense, and that Christian Ethiopian refugees in the area have distributed the same literature without problem.

On Aug. 6, the Muslim family who accused Hassan met with his family and agreed that Islamic teachers, or sheikhs, should go to see him in jail to advise him on Islamic doctrine. Two sheikhs met him in the police station cell and implored him to stop spreading Christianity.

“You are from an Islamic family, and therefore you should not disgrace or paint a bad image of the family,” argued one of the sheikhs, according to a source who spoke with Hassan. In response, according to the source, Hassan told them that he had received the Christian materials as educational material for himself and for others who cared to read them, and that Jesus was his Savior.

Convinced that Hassan had truly left Islam, and angered by his defiance, the sheikhs urged authorities to take him to the harsher conditions of a jail in Mandera, 60 kilometers (37 miles) away, but at press time Hassan was still incarcerated in Hargeisa.

“His stand is that he is waiting for the coming of Issa [Jesus], just as the whole world is also waiting,” said one neighbor.

Somaliland, which is vying for international recognition as a nation, is bordered by the Gulf of Aden to the north, by Ethiopia to the southwest and by Djibouti to the northwest.

Fleeing Somaliland

Another Somaliland convert to Christianity, Mohamed G. Ali, is on the run from both authorities and family members. Ali has fled to neighboring Ethiopia, but the 27-year-old father of three said this will not be enough to deter relatives who seek to punish him for leaving Islam.

He said relatives previously abducted his wife, who is expected to give birth to their fourth child within the next two weeks, and that they are again looking for ways to kidnap her as well as the children.

The native of Hargeisa said he has already survived several attempts on his life by Muslim fanatics since becoming a Christian in 1998. Family members, close relatives within his tribe, the larger community and local officials have all done him harm, he said.

He first came to Ethiopia in April 2002, subsequently marrying Fatumo Mohamed at the Church of the Nazarene. News of his Christian marriage circulated, preceding him upon his return to Hargeisa; soon after his arrival, he said, Muslim fanatics kidnapped his wife and demolished his house.

Fatumo Mohamed remained captive for several months, later managing to escape and rejoin her husband. For more than three years, as they were displaced from the community and went into hiding, he faced open and official threats. When life became unbearably dangerous, they decided to flee to Ethiopia in August 2005.

Speaking only in general terms to protect loved ones he left behind, Ali said Somaliland authorities were seeking him for reasons related to his Christian faith; other sources confirmed this.

Even after he arrived in Ethiopia, Ali was sought by the Somaliland government, which published a notice on April 11, 2007 displaying his photo in two local Somaliland newspapers, Jamhuuriya and Maandeeq. The notice ordered him to appear before a district court within 30 days, saying failure to do so would result in stiff action being taken against him.

That was just one more episode in a journey of faith that began when he broke his leg in 1996. Receiving treatment in Djibouti, he stayed with a close relative who told Ali the New Testament account of Jesus forgiving an adulterous woman brought for judgment. Amazed at Jesus forgiving the woman, Ali began researching Christianity; three years earlier, he had witnessed the stoning of five young women accused of committing adultery in Hargeisa.

“At that point I failed to see the meaning of compassion in Islam,” he said. “Many questions started coming to my mind – that not even a single person in the midst tried to call for compassion for the young ladies. I felt that it could have been even better to kill them with a gun than subjecting them to such inhumane killing.”

Ali, who is seeking asylum and has conveyed his security concerns to the U.N. High Commissioner for Refugees, is struggling to meet the basic needs of the family – food, shelter, education and clothing – and he is facing an urgent health concern. For three years he has been living with a bone infection, he said, and the danger of paralysis is rising. Looking worried and frightened, and that without asylum he could lose his family as well as his life.

“I will continue trusting in God’s protection, for blessed are those who are persecuted for His sake,” he said.

Report from Compass Direct News