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UPDATE (INDIA): Letter from the regional secretary in the Jesuit, AHRC's reply and more updates

June 11, 2002

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL <br>
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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM <br>
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Update on Urgent Appeal 12 June 2002 <br>
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UP-39-2002 (RE: UA/16/2002 - Support Fr. Pallath's hunger strike for justice - 06 May 2002) <br>
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UPDATE (INDIA): Letter from the regional secretary in the Jesuit, AHRC's reply and more updates <br>
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33rd DAY OF THE HUNGER STRIKE <br>
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PLEASE VISIT THE JESUIT HOUSES IN YOUR COUNTRY! <br>
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The following is a copy of a letter distributed by the Rev. Gregory Naik, SJ, regional secretary for South Asia based in Rome, to those who have expressed solidarity for Fr. Pallath. Afterwards we reproduce the reply of the Asian Human Rights Commission (AHRC). <br>
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LETTER OF THE REV. NAIK.SJ <br>
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This is in response to your e-mail message to the Superior General of the Society of Jesus regarding Fr. Pallath J. Joseph of Kerala. The case of Fr. Pallath has been examined at the highest levels of the Society of Jesus and of the Church. The Congregation for Religious Institutes, to whom Fr Pallath¡¯s appeal to the Pope had been directed, decided after a thorough study of the matter that there were valid reasons for his dismissal from the Society of Jesus and that the procedure followed by the Superiors in the dismissal was in accordance with the laws of the Church and of the Society of Jesus. Reversing that decision, therefore, will not be considered; it would not do any good, neither to Fr Pallath himself nor to the Society. <br>
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We understand that Fr. Pallath had challenged his dismissal in a local civil court. Apparently the court asked him to substantiate his claims. Instead, he opted to take the matter to the streets. We regret the course of action that he has taken and its consequences both to himself and to the Church and the Society of Jesus. <br>
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Gregory Naik, SJ <br>
Regional Secretary (South Asia) <br>
Curia Generalizia SJ <br>
Borgo S. Spirito 4 <br>
C.P. 6139/ 00195 Roma-Prati <br>
Italy <br>
Telephone: 0039-06-689.77.435 <br>
Fax: 0039-39-06-686.8214 <br>
E-mail: southasia@sjcuria.org <br>
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AHRC REPLY OF JUNE 12, 2002 <br>
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We have come across a letter you have been sending to those who press for the intervention of your superior general regarding Fr. Pallath¡¯s case in the Indian state of Kerala. Your letter is completely silent on two agreements reached between Fr. Pallath and your congregation through your representatives in Kerala in October 2000 and October 2001, subsequent to orders you mentioned in your letter. Why do you not recognize these agreements? The following quotes from a senior Jesuit and from a negotiator for the 2001 agreement will be sufficient to give the part of the story about which you are silent. <br>
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- Mediator of the October 2001 Truce Says the Agreement Was Violated ¡®Convenor Played Foul¡¯ <br>
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Even to those who firmly believe that the unilateral violation of the agreement entered into between Fr. Pallath and the Jesuit authorities in October 2001 was what precipitated the present hunger strike, Fr. Joseph Pulikkathara¡¯s revelations at the venue of the relay hunger strike in front of the Medical College Hospital in Calicut was a revelation. <br>
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Fr. Pulikkathara, it may be noted, along with two other diocesan priests and Prof. John Ochanthuruth (with the last mentioned as convenor), signed as mediators in the agreement of October 2001 between Fr. Pallath and the Jesuit authorities of Kerala. To everyone¡¯s dismay, Fr. Pulikkathara revealed that the committee of mediators has never met after the signing of the agreement in October 2001. The convenor never even called for a meeting, said Fr. Pulikkathara. It may be noted that the agreement had enjoined upon the committee of mediators to discuss with the provincial of the Jesuit congregation about the monthly maintenance to be paid to Fr. Pallath from April 2001 onwards. It was also to prepare a report about the modalities to be adopted to enable Fr. Pallath to gain reentry into the Jesuit society. Pretending thus far to speak on behalf of the committee, the convenor had announced that their report about Fr. Pallath¡¯s reentry into the Jesuit society was a terse: not possible, ostensibly after the committee poured through documents and law books and the facts of the case. If Fr. Pallath¡¯s argument so far has been that this conclusion was arrived at without ever hearing him, as the agreement had warranted, it now appears that the committee itself never met or deliberated the issue. The convenor was voicing the wish of the Jesuit authorities of Kerala rather than the facts of the matter, revealed Fr. Pulikkathara. <br>
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Fr. Pulikkathara agreed that it was obvious that the question of paying maintenance was never a matter of contention at the time of signing the agreement. In fact, the Jesuit representatives present had only said that the quantum need to be fixed only after consultations with the provincial who was then unavailable. This task the committee was supposed to do. However, as it now turns out, the committee never met the Jesuit authorities even once on the matter and never presented Fr. Pallath¡¯s case to them. The convenor of the mediator¡¯s team became a willing accomplice of the Jesuit¡¯s cynical game plan after the immediate strike threat receded in order to drive Fr. Pallath to penury so that he would stop his fight. <br>
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¡°This is something I have repeatedly been airing in private to the Jesuit authorities and to the other mediators. I am now willing to reiterate this to anyone and in any fora,¡± asserted Fr. Pulikkathara. <br>
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Regarding the agreement in October 2000, we present the press statement of Fr. Joseph Kottukapilly, SJ, a well-known 68-year-old Jesuit in India. <br>
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- Fr. Kottukappilly¡¯s Press Statement <br>
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I address this press conference in the throes of agony springing from a mental conflict, the likes of which I have not experienced in the 48 years of my life as a Jesuit. I am forced to confront through this public intervention the hunger strike of Fr. P. J. Joseph with the responsibility inherent in the dignity of Catholic priesthood and my Jesuit calling. I have been obligated by Jesus Christ and the Society of Jesus to take an uncompromising stand in matters of justice. <br>
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For the last two years, my superiors have been perpetrating the most unjust forms of torture on a member of our own society. I have been, in the very same period, utilising my knowledge and expertise in the Jesuit constitution and procedures and in the canon law to see even a modicum of justice in the manner in which my society is dealing with Fr. Pallath. In Fr. Pallath¡¯s dismissal from the Society of Jesus, in physically throwing him out of Christ Hall without provisioning for his livelihood and now in forcing him into a hunger strike that is fast reaching a stage when his life may be lost forever, I see a gross violation of the principles of natural justice, of basic human rights, of the prescriptions of canon law and of the Jesuit constitution itself. <br>
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Maintaining silence in this matter any more, I believe, will be a crime against my Jesuit calling and mission. I will be discarding the principles and values of Jesuit life itself through that silence. <br>
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My stand is primarily and basically not for Fr. Pallath. It is for the sake of the Society of Jesusthe very basis of my existence. Against the touchstone of an ordinary man¡¯s sense of justice, uprightness and commitment to human rights, the testimony that we are providing in the matter of Fr. Pallath is a negation of our Jesuit calling and Christian spirit. When Fr. Pallath is denied justice, the party that fails is the Society of Jesus, more than Fr. Pallath. It is to avoid that failure of the Jesuit society that I dare raise my voice seeking justice for Fr. Pallath, prompted, I repeat, by my Jesuit calling and Christian faith. <br>
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Authorities and power structures will come and go, but the Jesuit society anchored on the ideals and spirit of Jesus Christ should remain. It is in the pursuit of this cause that I am willing to be crucified. <br>
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Not just on my behalf but on behalf of several other Jesuits who silently share my pain and anguish, I beg and plead of my Jesuit superiors: Even if nothing else, until a permanent solution is found to this issue, my Fr. Provincial should at least provision for his livelihood a monthly sum that was agreed to in the agreement signed by either parties in October 2000 and save Fr. Pallath¡¯s life. <br>
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Sd/- <br>
Fr. Joseph Kottukapilly, SJ <br>
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In the face of all these denials of the reality, what else can one do but to respond to the matter in the way that Fr. Pallath has done? <br>
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Thank you for your attention to this urgent and important matter. <br>
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THE LATEST UPDATES <br>
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- Jananeethi Annual General Body Rallies in support of Fr. Pallath on the matter of Fr. J.J. Pallath S.J <br>
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It is over thirty days now, since Fr. J.J. Pallath began his indefinite fast agains thte denial of Justice and human rights from the Jesuit society which he served, glorified and loved like his mother for over 37 years. Following worsening of his condition on the recommendation of the doctors who arrested him he has been shifted by the police to the Calicut medical college, where too he is continuing his indefinite fast, even declining medication. Fr. Pallath has declared that he would continue his struggle till justice is met. On the other hand the Jesuit authorities of Kerala have given enough indication of their mindset of not following even the dictates of simple human kindness, no matter even if Fr. Pallath dies in the process. The 55 years of Fr. Pallath is a well known author, cultural activist and advocate of the Dalit and downtrodden sections. His demand is very simple: Till a final settlement of the issues springing from his unjust dismissal from the society of Jesus, he cannot be allowed to remain a vagabond priest with no means of livelihood and sacramental life. <br>
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As an undeniable human right of every person, Fr. Pallath's demands are elementary. While his friends and supporters struggle hard to find an amicable and just solution to the problem to save his life, we are pained to note that the attitude of Jesuits, repeatedly aired to several mediators, is ¡®Let him die we are not afraid of the consequences.' We condemn such inhuman attitude of the Jesuit authorities. We are surprised that the Jesuit society that once assumed leadership positions in the world of thought, knowledge and rationality is today unable to stand up to the deeds of a handful of stone hearted beings among them drunk on power. These namesakes of Jesus Christ, who willingly laid down his life for the sake of others, will be considered the greatest betrayers of Christian values, if they do nothing to save an innocent priest life. We urge the Jesuits who still retain their sense of Justice, human kindness and fair play to intervene and stop this violence being inflicted on their colleague. (Resolution adopted at the Annual General body meeting of Jananeethi, hel d at Thrissur on 9th June 2002) <br>
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- Justice Krishna Iyer appeals to the Bishop of Calicut (June 11, 2002) <br>
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Venerable Bishop of Calicut, <br>
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I have been receiving a few representations from responsible persons about the denial of justice to Fr. J.J.Pallath. On going through the materials sent to me I feel prima facie that justice has not been done to him and in this unhappy position I appeal to you to reconsider the case of Dr. Pallath, give him a fresh hearing and until then take him back into the Church. God is the source of natural justice and God'¡¯ men have a title to basic fair treatment. Since Fr. Pallath, due to hunger strike undertaken out of burning conviction, is in a precarious condition of health it may rob him of his very existence. <br>
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May I plead with you on bended knees to see that Fr. Pallath¡¯s life is saved, his dignity restored and his sense of justice fulfilled by appropriate timely action on the part of your Holiness. <br>
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V.R. KRISHNA IYER <br>

Document Type :
Urgent Appeal Update
Document ID :
UP-39-2002
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.