Government to repay 470,000 unlawful robodebts in what might be Australia’s biggest-ever financial backdown

Terry Carney, University of Sydney

In a near-complete capitulation, the government will refund every alleged overpayment it has collected from welfare recipients under the discredited “robodebt” system of income averaging.

Unveiling the automated system in mid-2016 then treasurer Scott Morrison and social services minister Christian Porter promised more “accurate and appropriate income testing”.

They were going to work with the prime minister’s Digital Transformation Office to “cut red tape and ensure that mistakes are minimised”.

The man who headed Digital Transformation Office at the time later described what happened as “cataclysmic”.

Three quarters of a billion to be paid back

Almost half a million Australians received letters from Centrelink telling them they had been overpaid because the income their employer had reported to the Tax Office was more than the income they had reported to Centrelink.

Unless they explained why within 21 days, they would have an assessment made against them and be hit by a 10% recovery fee.

Many paid up, in part because the alleged overpayments went back six years or more, and the Centrelink website had only asked them to keep payslips for six months.

Hundreds of thousands of these assessments appear to have been wrong.

Rather than using the recipients’ actual income in the fortnights for which benefits had been paid, Centrelink calculated an average fortnightly income over a longer period which often included fortnights they were in paid employment and not receiving Centrelink benefits.

November backdown

In November 2019 a week before it was due to defend a test case brought by a 33-year-old local government worker, and after press reports that its own lawyers had told it such collections were unlawful, the government conceded all points and abandoned income averaging.

A court order declared that the debt notice was not validly issued because the decision-maker could not have been satisfied that the debt was owed.

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Read more:
Robodebt failed its day in court, what now?

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At the time the minister for government services Stuart Robert described the decision not to proceed with income averaging as “a refinement” that would affect a “small cohort”.

On Friday, ahead of the hearing of a larger class action, Mr Robert announced that the government would refund everything collected under the scheme, whether it was calculated using partial or whole income averaging.

The refunds will be paid to all 470,000 Australians who have had debts calculated using income averaging, whether they had paid up voluntarily or not.

Now the half a million repayments

Included in the refunds will be interest charged and collection fees charged, at an estimated total cost of A$721 million.

What the Government has not agreed to is damages for harm and suffering of supposed debtors, which were sought by the class action. Although liability for damages is more difficult to establish, the class action is unlikely to abandon the attempt to obtain compensation.

The harm suffered by many of those caught up by the Government’s illegal and immoral robodebt scheme is an injustice still to be rectified.

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Read more:
Danger! Election 2016 delivered us Robodebt. Promises can have consequences

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Terry Carney, Emeritus Professor of Law, University of Sydney

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

The coronavirus risk Australia is not talking about: testing our unlawful migrant workers

http://www.shutterstock.com

Marie Segrave, Monash University

As Australia starts to emerge from its coronavirus lockdown, authorities are on high alert for any fresh breakouts of the disease.

One of the risks we need to keep an eye on is hard to see: the tens of thousands of unlawful migrants who work here every day without a valid visa.

My research shows Australia’s unlawful migrant workers already face routine exploitation and in some cases, terrible work conditions. But the arrival of COVID-19 presents new and worrying health challenges, for them and the broader Australian population.

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Read more:
This is why Singapore’s coronavirus cases are growing: a look inside the dismal living conditions of migrant workers

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In recent weeks, Singapore has gone from global poster child for tackling coronavirus, to the home of more than 19,000 cases, after infections took off among its migrant workers.

Singapore’s migrant workers live in purpose-built accommodation and are officially known to the government. In Australia, our unlawful migrant workers live under the radar, so are even harder to identify and support.

Unlawful migrant workers in Australia

There is little data about the precise numbers of people working in Australia illegally. The best estimate is still a 2011 report to the Gillard government suggesting there are between 50,000 and 100,000 non-citizens working here without permission.

This group is different from temporary visa holders, who are also facing their own financial struggles during the lockdown.

Unlawful migrants workers come to Australia on valid visas and then breach their visas conditions. This includes those who overstay their visas and those who come on a visa without work rights.

In my 2017 research across NSW and Victoria, I spoke to such people who worked in industries including domestic labour, agriculture, hospitality and commercial cleaning.

It is estimated that tens of thousands of people work in Australia without a valid visa in industries such as fruit picking.
http://www.shutterstock.com

They described physical and verbal abuse, no or low pay, poor accommodation, withholding of passports and threats of being reported to immigration authorities.

The COVID-19 challenge

The arrival of COVID-19 presents new risks for unlawful workers in Australia.

They face destitution if work disappears and new opportunities fail to arrive. A key concern is that unlawful migrants will accept exploitative working conditions, with little or no pay, and no incentive to come forward for help.

In April, Prime Minister Scott Morrison told visitors to “return to their home countries” if they cannot support themselves in Australia.

However, this is not a solution for unlawful workers: it is not clear how people would leave or how they would pay for their travel. It is also likely many will be compelled to stay.

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Read more:
6 countries, 6 curves: how nations that moved fast against COVID-19 avoided disaster

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In my research, I spoke with people who had been in the country for a matter of days and people who had been in the country for close to 20 years – undocumented and working. Often they were sending money home to their family in their country of origin, with some setting up new homes and families in Australia.

Leaving is not a straightforward option.

The public health risks

Unlawful workers also present a public health risk for Australia during the COVID-19 pandemic.

Not only do they tend to live in overcrowded accommodation, they also tend to move around frequently, seeking work and better living conditions.

Critically, unlawful migrant workers are also reluctant to access community support – for any reason – due to fears they may be reported to immigration authorities and then detained and deported. My research found this group will actively avoid any contact with formal service providers from police to health care workers.

Unlawful migrant workers are unlikely to access healthcare services, such as COVID-19 testing, for fear of being reported to immigration authorities.
Loren Elliott/ AAP

This reluctance presents a risk to their health and that of the broader community: if an unlawful migrant has COVID-19 symptoms, they are unlikely to access testing or health care.

As Australia starts to ease some lockdown restrictions and boosts testing for any signs of COVID-19, it is critical all relevant people in the community come forward if they have symptoms.

We need to build a ‘firewall’

Before the global pandemic, there has been growing recognition, at national and international levels, of the need for a firewall between protections for migrant workers and immigration processes.

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Read more:
Is slowing Australia’s population growth really the best way out of this crisis?

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A firewall offers dedicated protection for undocumented workers to come forward – to seek health care, or police or other assistance in the context of workplace exploitation – with the clear understanding that their visa status will not be referred on to immigration authorities.

While my research did not find health services reporting unlawful migrants to the Australian Border Force, the role of a firewall is to ensure there is a formal commitment that this will not happen across any community service.

What we need to do now

In the short term, a formal firewall is unlikely because it would require a shift away from the Morrison government’s strong emphasis on border control.

But national and state leaders could send clear reassurances that we want all people to come forward to seek testing and health care workers will not be asking immigration-related questions.

Singapore has seen an increase in coronavirus cases after outbreaks among its migrant workers.
How Hwee Young/ AAP

This then needs to filter down to localised programs. Proactive efforts to reach undocumented individuals and groups is detailed but necessary work and requires trust between parties.

If this message does not get through, we risk a quiet spread of COVID-19 among untested, unlawful residents, who live in close quarters and are often very mobile – and who are unlikely to come forward until they are very unwell.

Singapore’s situation shows what can happen when groups of migrant workers are not prioritised.

Marie Segrave, Associate Professor, Criminology, Monash University

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

Ethiopia: Persecution News Update

The link below is to an article reporting on the unlawful arrest of two Christians in Ethiopia.

For more visit:
http://www.persecution.org/2013/06/10/two-christians-unlawfully-arrested-in-ethiopia-for-crimes-against-islam/

Recent Incidents of Persecution

Karnataka, India, October 29 (CDN) — Police arrested Pastor Muthyalan Paul on Oct. 26 in Nelamangala, Bangalore, after Muslim radicals barged into a prayer meeting, accused him of forceful conversion, tore Bibles and damaged household items. The Global Council of Indian Christians reported that police, alerted by the Muslim extremists, charged the pastor with “deliberate and malicious acts intended to outrage the religious feelings of others.” A judge sent the pastor to Nelamangala Sub-Jail, but with area Christian leaders’ intervention he was released on bail the next morning.

Karnataka – Hindu nationalists on Oct. 20 burned down a house church in Bellakatte village, near Chitradurga. The Global Council of Indian Christians reported that Pastor Mallappa Hanumanthappa Andrew of Samadhana Prayer House and his brother were walking on a village road when six area extremists waylaid them and began slapping the pastor, falsely accusing him of forcible conversion. They also slapped and shoved his brother when he tried to come to Andrew’s aid. Cursing, the extremists then burned down the house used for worship. Baramasagara police arrested four extremists identified only as Manjunath, Parashuram, Ramanna and Devaraj, charged them with unlawful assembly and released them after two hours.

Madhya Pradesh – Threatening to file a police complaint, Hindu nationalists in Chattarpur on Oct. 19 accused Pastor Kunal Parichha of forcibly converting people and sending them to Bible college, a source said. The pastor and the nationalists met for talks the next day, only to have the extremists threaten to kill him if he continued to lead worship meetings. At press time area Christian leaders were taking steps to resolve the conflict.

Karnataka – Police detained a pastor identified only as Surendra for more than three hours on Oct. 15 after Hindu nationalists disrupted the worship of Calvary Assemblies of God Church and beat him in Boothanhalli Kaval, near S. Bidra village, Chickmagalur district. The Global Council of Indian Christians (GCIC) reported that at 7:30 p.m., as the pastor was leading worship in another Christian’s house where 15 others had assembled, nearly 25 cursing extremists stormed in, chased them
out and repeatedly slapped and punched Pastor Surendra. A GCIC coordinator told Compass that the extremists dragged the pastor outside, ripped his shirt off, took away his mobile phone, and telephoned police that “conversion activities” were taking place. Conversion and “conversion activities” are legal in India. Police arrived at 9 p.m., arrested the pastor and interrogated him. With GCIC intervention, Surendra was released at 12:30 a.m. without being charged.

Orissa – Hard-line Hindus in Paikamara, Puri, Orissa district on Oct. 14 confined three recent converts to Christianity in a house, assaulted them and pressured them to deny their new faith. The Global Council of Indian Christians (GCIC) reported that Aswini Sahu, Sanatana Jena and Amulya Swain became Christians six months ago after listening to Christian radio broadcasts. When the Hindu extremists learned of it, they threatened them and expelled them from the village after the Christians continued to worship Christ. The Christians took shelter in different homes, and then went back to their village after receiving word by telephone that tensions had cooled. As soon as they returned, however, the extremists caught hold of them, beat them and confined them. With GCIC and area Christian leaders’ intervention, police rescued the Christians and warned the extremists not to disturb them again.

Haryana – Hindu extremists on Sept. 30 attacked a church’s Christian school in Ghaziabad. A source said that the extremists showed up in a truck armed with guns and other implements of destruction at the Ingram Institute and broke a wall. Trying to occupy the church property, they started building a wall around a student hostel and other properties near the school and verbally abused director Hepesh Shepherd, staff members and students. Christians immediately filed a complaint, and police detained two extremists. They were later released without charges.

Chhattisgarh – Hindu extremists assaulted Pastor Suresh Deep of The Church of God on Sept. 28 in Rajnandgan. A source reported that the incident began the previous day when two church members, Shilembra Sahu and Raj Kumar, started quarrelling about whether Kumar was meeting standards for Christian living, and as villagers came to become involved in the conflict, Hindu extremists took Kumar’s side. The extremists filed a complaint against Sahu, and police arrested him for joining an assembly likely to cause a disturbance. The next day, Pastor Deep went to submit a bail petition for Sahu, and some 20 extremists who had gathered at the court verbally abused him, beat him and dragged him to a Hindu temple. There they forced him to drink dirty water and to write that he would refrain from any conversion activity. The pastor sustained bruises all over his body. Area Christian leaders intervened, and police registered a case against the attackers, but no arrests had been made at press time. Sahu was sent to Rajnandgan district jail but was released on bail on Sept 30.

Kerala – Muslim extremists beat a Christian convert from Islam after they saw him worshipping Jesus on Sept. 22 in Vikas colony, Ambalavayal. The Global Council of Indian Christians (GCIC) reported that a pastor identified only as Chacko had established a friendship with a Muslim man who was an alcoholic. After attending the church, the Muslim stopped drinking alcohol, led a changed life and decided to follow Jesus Christ. Enraged by the change in him, the extremists seriously injured the convert. They also damaged Pastor Chacko’s pipeline, the source for water for about 10 Christian families, and pelted the pastor’s home with stones, damaging the house. GCIC reported that the extremists continued to threaten the pastor by telephone daily.

Madhya Pradesh – Hindu extremists from the Rashtriya Swayamsevak Sangh (RSS) on Sept. 16 attacked a building belonging to the Believers Church in Jabalpur, bringing it to the ground. Believers Church representative Sushant Sona reported that the RSS members arrived in a huge vehicle designed to demolish buildings and destroyed the facility, claiming that they would not allow any church to exist in the area. The Rev. Samkutty Issac and other Christian leaders pleaded with the government officials to take action against the culprits.

Karnataka – Hindu extremists attacked a church building under construction at Byappanahalli village on Sept. 12 near Bengaluru, accusing area Christians of large-scale, forcible conversion. The extremists broke into the church building and tried to pull it down, reported the All India Christian Council. Police arrived in time to stop them, but the extremists filed a complaint against Pastor John Babu and other Christians for alleged forcible conversion. Under the extremists’ pressure, the police later issued a notice to the church to stop construction and issued arrest warrants against the pastor and seven others. To avoid further harassment, the Christians applied for anticipatory bails. They also filed petitions seeking court intervention to stop the extremists from further assaults. At press time the church building remained abandoned and unguarded.

Karnataka – A mob of about 100 Hindu extremists on Sept. 5 barged into the house church worship of a congregation of the Indian Pentecostal Church and beat a pastor in Doni, Gadag. The Global Council of Indian Christians (GCIC) reported that the extremists ripped Bibles, tore the clothes of Pastor Mallikarjuna Sangalad, dragged him out of the house and beat him. Police arrived and arrested Pastor Sangalad, where they ordered him to stop leading worship meetings, according to the GCIC. Christian leaders intervened, and police released the pastor without charges.

Karnataka – Ramnagar police Sub-Inspector Babu Madhar on Sept. 3 forcefully entered a Calvary Fellowship Prayer house church meeting led by Pastor P.R. Jose and ordered him to immediately stop the service. The Global Council of Indian Christians (GCIC) reported that police accused the Christians of forceful conversion and ordered them to close down the house church. After area Christian leaders’ intervention, according to the GCIC, the Christians were given police protection for worship.

Report from Compass Direct News

New Life church in Belarus has its account arrested

On August 31 it became known that the settlement account of New Life church had been arrested by the Oktyabrskiy department of Belarusbank Ltd, reports New Life church Information Center.

As bank officials informed the accountant Nadezhda Kovshik, the account ‘has been arrested due to the corresponding requirement from the Economic court of Minsk regarding the indisputable penalties of 9 million and 250 million rubles’.

At that instance there was a sum of 935 000 BLR in the account which was made available to the Economic court. From now onwards any money transferred to the church account will be confiscated.

Sergey Likanin, the church lawyer, thus commented on the issue: “So, law enforcement officers have proceeded to the execution of the court decisions according to which the church had been convicted of the environment pollution by oil. It is such a pity that the believers’ offerings should be arrested based on such an unlawful judicial act. Bank account arrest may make charity work difficult as the church co-operates with the Belarusian Red Cross and other charity organizations but the community
itself will not be endangered. According to judicial procedures there might be attempts to arrest the property in the church building but we believe that the Lord will not let authorities act aggressively towards the Christians, who are not to blame.”

Report from the Christian Telegraph

Convicted Hindu Nationalist Legislator in India Released on Bail

Stunned Christians suspect bias in case of politician’s role in Orissa violence.

NEW DELHI, July 30 (CDN) — Less than a month after Orissa state legislator Manoj Pradhan was sentenced to seven years of prison for his part in anti-Christian mob violence in 2008, he was released on bail pending his appeal.

Along with fellow Hindu nationalist Prafulla Mallick, Pradhan on June 29 was convicted of causing grievous hurt and rioting in connection with the murder of a Christian, Parikhita Nayak. Justice B.P. Ray heard the petition on July 7, and the same day he granted Pradhan and Mallick bail conditional on posting bail bond of 20,000 rupees (US$430) each.

Pradhan and Mallick were released from jail on July 12 and await the outcome of an appeal to the Orissa High Court.  

Attorney Bibhu Dutta Das said that ordinary people don’t get bail so easily when convicted of such crimes, and he questioned how Pradhan could be granted release just for being a legislator.

“It takes years for convictions in High Court,” Das told Compass. “We will not sit silent. We will challenge this bail order in the [New Delhi] Supreme Court very soon.”

The Christian community expressed shock that someone sentenced to seven years in prison would get bail within seven days of applying for it.

“I am very disappointed with the judiciary system,” said Nayak’s widow, Kanaka Rekha Nayak, who along with her two daughters has been forced into hiding because of threats against her. “I went through several life threats, but still I took my daughters for hearings whenever I was called by the court, risking my daughters’ lives – certainly not for this day.”

In addition to the bail, the court has issued a stay order on the 5,000 rupee (US$107) fine imposed on Pradhan and Mallick. Attorney Das told Compass the decision was biased, as the Lower Court Record was not even consulted beforehand.

“This is the normal court procedure, and it was bypassed for Pradhan,” he said. “The judgment was pre-determined.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass, “Sometimes the judicial system seems mockery to me. One court convicts him, and another one grants him bail.”

The rulings are demoralizing to those who look toward the courts for justice, he said.

“There is a very powerful force behind this. It is not as simple as it looks,” Parichha said.

Dr. John Dayal, secretary general of the All India Christian Council, said he was surprised by the orders.

“While it is a legal right for anybody to get bail, it is surprising that Pradhan was wanted in so many cases, and he can coerce and influence witnesses,” Dayal said. “His petition should not have been granted.”

The two Hindu nationalists were convicted by the Phulbani Fast Track Sessions Court I Judge Sobhan Kumar Das. Pradhan, member of the state Legislative Assembly (MLA) from G. Udayagiri, Kandhamal for the Hindu nationalist Bharatiya Janata Party (BJP), filed a petition stating that his name was not mentioned in the original First Information Report filed by Kanaka Rekha Nayak, but that he was dragged into the case later.

The bail order includes a warning to Pradhan to refrain from intimidating witnesses, stating, “The petitioner shall not threaten the witnesses examined.”

Rekha Nayak, along with her daughters Lipsa Nayak (4 years old when her father was killed) and Amisha Nayak (then 2 years old) were eyewitnesses to the murder of her 31-year-old husband, a Dalit Christian from Tiangia, Budedipada, in Kandhamal district. He was murdered on Aug. 27, 2008.

Rev. Dr. Richard Howell, general secretary of the Evangelical Fellowship of India, urged the Christian community to keep hope.

“The case is still on, not that it has come to an end,” he said. “There is a move that is being made to take the case further.”

Attorney Das has said he plans to appeal Pradhan’s sentence of seven years, in hopes of increasing it to life imprisonment.

 

Cases

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

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

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

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

The Times of India reported Pradhan as “one of the close disciples” of Vishwa Hindu Parishad (VHP or World Hindu Council) leader Swami Laxamananda Saraswati, whose assassination on Aug. 23, 2008, touched off the anti-Christian violence in Kandhamal and other parts of Orissa.

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

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

In recent court actions, Fast Track Court-II Additional Sessions Judge Chittaranjan Das on July 21 acquitted nine persons who had been arrested in the Tikabali area for various offenses, including arson, due to “lack of evidence.” The main charge against them was torching of a church on Aug. 28, 2008 at Beladevi village.

At least 132 persons have been convicted in different cases related to the 2008 violence in Orissa’s Kandhamal district, state Chief Minister Naveen Patnaik said on July 19. Patnaik said that 24 members of the Hindu extremist Bajrang Dal (Youth Wing of World Hindu Council) and VHP have been arrested and jailed.

Revenue and Disaster Management minister S.N. Patro said on July 21 that the 55 Christian places of worship were damaged in Tikabali block; 44 in G. Udaygiri; 39 in Raikia; 34 in K. Nuagaon; 19 in Baliguda; 16 in Daringbadi; nine in Phulbani; six in Kotgarh; five in Tumudibandha; and one each in Phiringia and Chakapada blocks.

 

SIDEBAR

India Briefs: Recent Incidents of Persecution

Karnataka – Hindu extremists from the Rashtriya Swayamsevak Sangh accused a pastor in Aldur of forceful conversion on July 24 and threatened him, telling him not to preach about Jesus. The All India Christian Council reported that the extremists filed a police complaint against Pastor Anand Kumar of forceful conversion. Both police and extremists ordered Pastor Kumar to remove the cross and name plate of the church. At press time area Christians were taking steps to resolve the issue.

Jammu and Kashmir – The state’s Foreigners Registration Officer reportedly issued a notice to a senior Christian worker to leave India by July 20 after a false complaint of forceful conversion was filed against him. The Global Council of Indian Christians reported that the state succumbed to pressure by Muslim extremists to deport Father Jim Borst, who has run Good Shepherd School in the Kashmir Valley since 1963. The school has been attacked on two occasions by members of other schools who felt they were unable to compete with it. For eight years these groups have led a campaign against Borst, claiming he was forcibly converting people under the guise of providing education. Borst, who denies the charge, has a valid visa till 2014. The interior minister reportedly said he had no knowledge of the deportation order, and Borst’s superiors indicated he would not leave.

Madhya Pradesh – Hindutva (Hindu nationalist) extremists on July 18 disrupted Christian worship in Barwaha, near Indore. The Global Council of Indian Christians reported that Pastor Subash Chouhan of the Indian Evangelical Team was leading Sunday worship when the extremists stormed in on the terrified Christians. They accused Pastor Chouhan of forceful conversion, photographed the congregation and told the pastor to close his tailoring school, which includes non-Christian students. This is the second time Pastor Chouhan has been arrested on false charges of forceful conversion; previously he was jailed for three days. The case was pending at press time.

Punjab – Police arrested Christians on July 10 after Hindu nationalists beat them, falsely accusing them of forcible conversion in Gurdaspur. Members of the Indian Pentecostal Church of God (IPCG) Western Region were visiting houses in the area on a social outreach mission when a group of extremists began to argue with them and then started beating four of them with their fists and shoes. Later they handed the Christians over to police, along with three more Christian men and five Christian women, complaining that they were converting people from the Hindu religion. Pastor Promod Samuel, along with the IPCG head A.M. Samuel, rushed to the Gurdaspur City police station to help the Christians, but officers detained them as well. Samuel told Compass that the president of the Hindu extremist groups Shiva Sena and Bajrang Dal, as well as many other Hindu nationalist leaders, gathered at the police station clamoring for officers to file charges against the 14 Christians. Hearing of the arrests, Christian leaders of Gurdaspur requested their release. The Christians were not released until Samuel signed an agreement assuring that Christians would not enter any non-Christian home. “The extremists are continuously following us around, to keep a check on us.” Samuel said.

Andhra Pradesh – Hindu extremists toppled a church building and attacked Christians on July 6 in Parawada, Visakhapatnam. The All India Christian Council (AICC) reported that local Hindu extremists were jealous and angry that a church stood at the entrance of the village and urged the Christians to move. The extremists threatened to attack the Christian community, claiming that they would allow no church in the area. When the church pastor refused to give in to their demand, they began damaging his household goods and pulled down the church building. The extremists also stopped the Christians from drawing water from a well. AICC was taking steps to resolve the matter at press time.

Madhya Pradesh – Police on July 4 arrested and charged two Christians under the state’s controversial “anti-conversion” law at Jawahar Nadar, Adharthal. According to the Global Council of Indian Christians (GCIC), a member of the Apostolic Christian Assembly, Shravan Kuman Dubey, invited Vishal Lal to lead a prayer service for his 6-year-old son Ravi’s birthday. Around 7:30 p.m., during prayer, a mob of nearly 75 Hindu nationalist extremists accompanied by police entered the house and falsely accused those present of forced conversion, taking 14 Christians to the Adhartal police station. After nearly four hours, police charged Shravan Kumar and Vishal Lal with forcible conversion and sent the others home. With GCIC intervention, both were released on bail the next day.

Madhya Pradesh – Hindu extremists belonging to the Dharma Raksha Samithi (Religion Protection Council) on June 28 stopped a Christian school bus and questioned young elementary students in Indore. The Global Council of Indian Christians reported that the bus was carrying Christian students from Orissa to their school in Indore. The extremists ordered the young students to get out of the bus and asked them whether forceful conversion was taking place, frightening the schoolchildren as police remained mere spectators. After threatening to harm the Christians if they carried out any Christian activities, they let them go. Area Christian leaders condemned the incident as a sign of Hindu extremists’ “reign of terror” in the state and demanded an investigation.

Karnataka – On June 13 in Anekal, Bangalore, Hindu extremists from the Rashtriya Swayamsevak Sangh beat a pastor whom they accused of forceful conversion. The Evangelical Fellowship of India reported that, in an apparently premeditated attack, an unidentified extremist telephoned Pastor Sam Joseph to come and pray for a sick person. The pastor agreed, only to be taken to a gathering of Hindu extremists with media people. The extremists accused the pastor of forceful conversion, beat him up and dragged him to Hebbagudi police station. Police released the pastor without charges after forcing him to agree that he would no longer lead Christian meetings.

Himachal Pradesh – State officials on June 5 sealed a Mission India building, claiming that it belongs to “outsiders,” in Bari, Mandi district. The Evangelical Fellowship of India’s (EFI) advocacy desk reported that the government closed the building, which functioned as a Bible study center and orphanage, claiming that no land in the area could be owned by non-native people. Pastor Sam Abraham told Compass that Mission India purchased the plot in 2005, constructed a building in 2007 and began using it as a Bible study center and orphanage in 2008. In July 2008, Hindu extremists filed a complaint against Mission India of forceful conversion and demanded the building be shut down. The extremists have since accused the Christians of forceful conversion, verbally abused them for their faith and threatened to kill them if they did not leave. Mission India officials asserted that the land legally belongs to them and that they have all necessary documents. At press time the Christians were looking for a place to rent that would accommodate at least 10 orphans.

Report from Compass Direct News

Conviction of Legislator in India Falls Short of Expectations

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

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

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

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

Das said he will try to increase the sentence.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Girl’s Testimony

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

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

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

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

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

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

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

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

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

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

Report from Compass Direct News

American arrested in Britain for declaring homosexuality is sin

An American street preacher has been arrested and fined £1000 in Glasgow for telling passersby, in answer to a direct question, that homosexual activity is a sin. Shawn Holes was kept in jail overnight on March 18, and in the morning pled guilty to charges that he had made “homophobic remarks…aggravated by religious prejudice,” reports Hilary White,LifeSiteNews.com.

Holes, a 47 year-old former wedding photographer from Lake Placid, New York, was in Glasgow as part of a preaching tour of Britain with a group of British and American colleagues. He said, “I was talking generally about Christianity and sin.”

“I only talked about these other issues because I was specifically asked. There were homosexuals listening – around six or eight – who were kissing each other and cuddling, and asking ‘What do you think of this?’” A group of homosexuals approached police with a complaint. Holes later said that the situation seemed like a “set-up by gay campaigners.”

“When asked directly about homosexuality, I told them homosexuals risked the wrath of God unless they accepted Christ.”

The charge, under the Criminal Justice (Scotland) Act 2003, has angered freedom of speech advocates in Britain and has even been criticized by homosexualist campaigner Peter Tatchell who called the £1,000 “totally disproportionate.” Local Christians supporting the preaching ministry took up a collection and paid the fine.

Tatchell told the Daily Mail, “The price of freedom of speech is that we sometimes have to put up with opinions that are objectionable and offensive. Just as people should have the right to criticize religion, people of faith should have the right to criticize homosexuality. Only incitements to violence should be illegal.”

Holes relates that at the same time he had been asked for his views on Islam and had said he believed there is only one true Christian God and that the Prophet Mohammed is a “sinner like the rest of us.”

He said that two men who were listening spoke to police officers who approached him and said, “These people say you said homos are going to Hell.”

“I told them I would never say that, because I don’t use the term homo. But I was arrested.”

Peter Kearney, a spokesman for the Catholic Church in Glasgow told the Scotsman, “We supported [hate crime] legislation but it is very difficult to see how this man can be charged for expressing a religious conviction.

“The facts of this case show his statement was clearly his religious belief. Yes, it is strong language he has used, but it is obviously a religious conviction and not a form of discrimination.”

Gordon Macdonald, of Christian Action Research and Education for Scotland, said, “This is a concerning case. I will be writing to Chief Constable Stephen House of Strathclyde Police for clarification of the guidance given to police officers in these situations.”

In related news, a district judge has thrown out the case against another street preacher, Paul Shaw, who was arrested on February 19 in Colchester over comments he made about homosexual activity. Shaw, who did not plead guilty, said, “I’ve preached regularly for about three or four years without incident.

“In four years, I’ve only dealt with homosexuality about twice.” Shaw told the judge that he was obliged to act according to his conscience and that homosexuality was a significant issue in Britain today. The case was dismissed through lack of evidence and written testimony from complainants.

Shaw said, “My reasons were twofold. Firstly, there is a consequence for the country and society if society does not appreciate the difference between right and wrong, particularly noticeable by homosexuality.

“As a nation, we are coming under God’s judgment not very far away in the future and there will be terrible consequences for this if it is not made unlawful again. Secondly, on a personal level, as with all other sins, it needs to be repented of in order to enter the Kingdom of God.”

District Judge David Cooper told Shaw, “There are other sorts of ‘sins’. Do you think you could concentrate on those for a bit?”

Meanwhile, a new study conducted on behalf of religious think-tank Theos has shown that nearly 1/3 of British people think that Christians are being marginalized and religious freedom has been restricted. The report’s author Professor Roger Trigg, wrote, “A free society should never be in the business of muzzling religious voices, let alone in the name of democracy or feigned neutrality.”

“We also betray our heritage and make our present position precarious if we value freedom, but think that the Christian principles which have inspired the commitment of many to democratic ideals are somehow dispensable,” Professor Trigg said.

Report from the Christian Telegraph 

Arrested Evangelists Say Muslims Colluded with Police

Anglicans say Islamists tricked them by showing up for inter-faith debate with security agents.

NAIROBI, Kenya, February 2 (CDN) — Two Christian evangelists in Dar es Salaam, Tanzania, have been arrested after Muslims invited them to debate religion but instead called in security agents who charged the evangelists with illegal preaching.

Anglican evangelists Eleutery Kobelo and Cecil Simbaulanga, released on bail and facing a hearing on Feb. 11, told Compass that Christian and Muslim groups organized the inter-faith debate that was planned for a neutral venue in October of last year in the Kariakoo area of Dar es Salaam.

Kobelo said no Muslims showed up at the debate until Islamists arrived with government security agents who charged them with “using religious sermons to incite Muslims and Christians into viewing each other with suspicion.”

“This continuous intimidation by the Muslims using the police is worrying us,” he said.

Kobelo and Simbaulanga were in jail for seven days before they were released on bail on Oct. 27. At press time charges of unlawful assembly also had been brought against the two evangelists and seven other Christians, in addition to the original charges against the evangelists.

Also arrested and released last October were Christians Joseph Lima, Shadrack Mwasonya, Festo Mumba, Erastus Mwarabu, Joseph Mmari, John Chacha, and Daniel Mwakemwa.

Kobelo said he does not foresee a fair hearing on Feb. 11, but that he cannot afford a lawyer.

“Without legal representation, it’s a long shot for justice to be done in this matter,” he said. “It is very difficult for me to raise 500,000 Tanzanian shillings [US$365] at the moment.”

Kobelo said he was seriously concerned about the charge of illegal assembly, which he said contradicted their rights as citizens; Tanzania’s constitution allows for freedom of religion and assembly.

Several other cases against Christians remain before local courts in Tanzania, he said, some of which have dragged on since 2007. His case will be tried in a court in the Kariakoo area of Dar es Salaam.

“The message we are putting across is that we need prayer and advocacy for the sake of our lives,” Kobelo said.

Simbaulanga told Compass that Muslims have resorted to using state police to harass Christians because they have political power. Tanzanian President Jakaya Mrisho Kikwete is a Muslim.

“We have had tremendous success in our ministry to Muslims, with thousands of Muslims turning to Christ,” Simbaulanga said. “So Muslims are trying to stop the movement, but nobody can stop the gospel.”

Simbaulanga was imprisoned for 62 days between December 2006 and February 2007 in Kigoma, he said. Denied bail, he was accused of trying to convert Muslims to Christ and “abusing Islam” by saying Muhammad had married a young girl. Several cases are pending against him in different courts, he said, and Muslims are constantly searching for him.

“Since 1996 I have always been on the run, trying to save my life,” Simbaulanga said.

He added that a family member who preached mainly among Muslims died in prison in 2005 due to a heart attack as a direct result of police harassment.

“There is a huge team of very sincere and committed Christians reaching out to Muslims in Tanzania, and we need lots of prayer, fellowship and financial support,” he said.

An estimated 62 percent of Tanzania’s population is Christian and 35 percent is Muslim, mostly Sunni; other religious groups make up the other 3 percent of the population, according to the U.S. Department of State.

Police in the Tanzanian capital of Dodoma stopped two Christian evangelists from reading excerpts from the Quran in an outdoor event on March 18, 2009, according to the state department’s 2009 International Religious Freedom Report.  Officers temporarily detained them and released them with a warning not to read the Quran during sermons to avoid antagonizing the Muslim community.

Report from Compass Direct News 

Despite Democracy, Christians in Bhutan Remain Underground

Open practice of faith could lead to more persecution, they fear.

THIMPHU, Bhutan, January 25 (CDN) — In this distant and isolated nation in the eastern Himalayas, known as the “Land of the Thunder Dragon,” almost everything looks uniformly Buddhist.

Most men and women in the landlocked country between India and China wear their national dress, and all the buildings – with their sloping walls, trefoil-shaped windows and pitched roofs – look alike, as if they were Buddhist monasteries.

There are no visible signs of Christians’ tiny presence, but they do exist. Christians, whose only official identity falls in the “others” category in the census, are estimated to range in number between 3,000 and 6,000. And they live out their Christian lives underground – no church buildings, Christian cemeteries or Christian bookstores are yet allowed.

Of Bhutan’s more than 670,000 people, 75 percent of them practice Buddhism, according to the 2005 census. Around 22 percent are Hindu, mostly of Nepali origin.

An absolute monarchy for over 100 years, Bhutan became a democratic, constitutional monarchy in March 2008, as per the wish of the former King of Bhutan, Jigme Singye Wangchuck, who served from 1972 to 2006. It has been nearly two years since democracy arrived in Druk Yul, as the country is known in its national language, Dzongkha. But little has changed for Christians.

If there is anything open about Christianity, it is the acknowledgement of Christians’ presence in the national press, which was born after the advent of democracy.

“A journalist telephoned and asked me if I was converting local people,” said a middle-aged pastor clad in Gho, the men’s national uniform, a knee-length gown woven with colorful wool. “I wondered how she got my phone number. Maybe a Christian friend of mine passed it on.”

The pastor requested anonymity – the same request that high government officials made, no matter how trivial the matters they divulged.

The pastor said he told the journalist he did not pay people to convert. “People choose to become Christians out of their own free will,” he said. “I am working within the constitution of the country.”

Still a Monarchy

Asked why the church remained underground in spite of a provision for religious freedom in the new constitution, the pastor replied, “Virtually, Bhutan is still a monarchy. The time is yet to come when we have the assurance of protection.”

His wife, wearing the ankle-length woollen skirt or Kira that is the national dress for women, smiled at what was perhaps a naïve question – the power of the monarchy is beyond question. By law all Bhutanese citizens wear the national dress in schools and certain public, government and religious places. Non-compliance can result in fines or imprisonment.

Asked what would happen if authorities found out about their underground church, the pastor said that before 2008 they would have been arrested because Christianity was banned.

“Even now, there will be serious repercussions,” he said. “What exactly will happen, I do not know. But no Christian worker will take the risk to find it out the hard way.”

To construct any building, Bhutanese citizens require a licence from the government.

“As far as the governance is concerned, the Royal Government of Bhutan is very caring,” he said. “We get free education and free medicine and hospitalization, and there is a sense of security because the crime rate is very low. But asking for a licence for a church is beyond our imagination as of now.”

The present king, Jigme Khesar Namgyel Wangchuck (selected in 2006 but not crowned until 2008) rules absolutely, said local Buddhists, though not with any regret.

“It’s democracy, but still not a democracy,” said a civil government employee requesting anonymity. “It’s the king who makes all important decisions.”

Asked about the Christian presence, he said Christianity grew even at a time when it was banned. “There are many secret Christians. They meet in secret locations for prayer.”

The clean-shaven, medium-built 31-year-old king, an avid soccer fan who studied at Phillips Academy and Wheaton College in Massachusetts in the United States and the University of Oxford in the United Kingdom, is seen as a progressive person but conservative in matters of religion and culture.

According to the new constitution, the king is the head of state, though the parliament has the power to impeach him by a two-thirds majority vote – a provision not likely to be used anytime in the future, according to popular sentiment.

Banned

Suggesting that Christian fears are warranted, a pastor from Pheuntsholing town near the India border explained that memories of a period of severe crackdown on underground churches were still fresh in the minds of local Christians.

“I was picked up from a house where I was conducting Sunday worship in Tsirang district in September 1995 and put in a prison,” said the pastor. “I was asked to leave the district with immediate effect, and I had to move to another location.”

His voice trembling as he spoke by telephone, he said, “Once the government discovers that you are a Christian, nothing will be free for you.”

The pastor said that although there are no violent attacks on Christians, they do face discrimination by the government and society.

According to the government-run weekly Kuensel of Nov. 4, 1992, the National Assembly banned Christianity in 1969 and in 1979. The edicts against Christians were said to have passed due to reports of conversions to Christianity in south Bhutan, inhabited mostly by people of Nepali origin.

In the early 1990s the government of Bhutan began a massive crackdown on Christians, mainly in southern parts, and intensified it towards the end of the decade.

The authorities identified Christians in government or business and took their signatures on a form pledging compliance with rules and regulations governing practice of religion. There were several reports, though unconfirmed, of violence against Christians by police and village heads during the period.

In April 2001, international media reported on persecution of Christians in Bhutan when police stormed churches on Palm Sunday to register Christians, many of who were detained and threatened.

Almost a decade later, the legal standing of the Christian minority under the new constitution remains unclear.

Ambiguous Laws

In May 2009, the national daily Bhutan Times quoted Interior Minister Lyonpo Minjur Dorji as saying, “It was absolutely okay if people were born Christian … The constitution supports them. But it is unlawful to convert. If we get proof of proselytization in the country, we shall definitely take action.”

The newspaper noted that there are no official churches in Bhutan. “And most of the Sunday masses and gatherings are held in the homes of pastors and converts,” noted the daily, which occasionally criticizes government policies, though mildly and without taking aim at any particular official.

The new Constitution of the Kingdom of Bhutan, drafted in 2005 and officially adopted in 2008, gives religious freedom to all the citizens of the country but also contains a virtual “anti-conversion law” as found in neighboring India.

The exotic, official website of the constitution – which displays the national emblem of two dragons and a lotus surmounted by a jewel symbolizing harmony between secular and religious powers and sovereignty of the nation – states that all Bhutanese citizens “shall have the right to freedom of thought, conscience and religion” in Article 7.

But Article 7 adds: “No person shall be compelled to belong to another faith by means of coercion or inducement.”

What the terms “coercion” and “inducement” mean is not clear. Whether “proselytization,” which the home minister recently suggested was illegal, means propagation of Christianity or conversion by “coercion or inducement,” is also left unclear.

The Supreme Court of Bhutan, whose judge appointments have yet to be completed and are not yet functional, is likely to have the prerogative to interpret the constitution.

What is unambiguous, however, is that the government of Bhutan will continue to preserve the uniform culture of the country, which, it maintains, is based on Buddhist values. Article 3 of the constitution says that “Buddhism is the spiritual heritage of Bhutan, which promotes among others the principles and values of peace, non-violence, compassion and tolerance,” and “it is the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also ensuring that religion remains separate from politics in Bhutan.”

Article 4 mandates the government to “endeavour to preserve, protect and promote the cultural heritage of the country,” adding that “parliament may enact such legislation as may be necessary to advance the cause of the cultural enrichment of Bhutanese society.”

According to Article 8, it is a fundamental duty of all citizens to “preserve, protect and respect the culture and heritage of the nation.”

“Apart from religious restrictions, we are happy to be in Bhutan,” said a pastor from Thimphu. “Look at the unrest India, China and Nepal have from time to time. We are happy and thankful to God for this nation.”

Report from Compass Direct News