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UPDATE (INDIA): Who scuttled their desire to re-consider the decision?

June 19, 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 20 June 2002 <br>
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UP-42-2002 (RE: UA/16/2002 - Support Fr. Pallath's hunger strike for justice - 06 May 2002) <br>
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UPDATE (INDIA): Who scuttled their desire to re-consider the decision? <br>
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41st DAY OF THE HUNGER STRIKE <br>
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PLEASE VISIT THE JESUIT HOUSES IN YOUR COUNTRY! <br>
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Regarding Fr. Pallath’s hunger strike, we are sending you the following updates in order to draw your continuous attention. <br>
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Thank you. <br>
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Urgent Appeals Desk <br>
Asian Human Rights Commission <br>
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Did the Jesuits of Kerala admit Fr. Pallath's dismissal as wrong? <br>
Who scuttled their desire to re-consider the decision? <br>
Tell tale letters come to light <br>
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The coming to light of two revealing letters provide ample evidence to the fact that the Kerala Jesuits not only veered around to the conclusion that Fr. Pallath's dismissal was indeed \&quot;flawed - juridically, morally and religiously\&quot;, but wanted to reconsider the whole issue 'with complete Ignition indifference' and be 'open to every possibility, what ever the cost'. <br>
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It has now become evident that the Jesuit Kerala Provincial did write to the society's highest authorities in Rome exploring the possibility of reviewing the dismissal of Fr. Pallath. His letter was prompted by the fervent plea by two senior most Jesuits - one Fr. Jose Pulickan, a highly respected retreat preacher, himself a former provincial and Fr. Kottukapilly, who has consistently taken the position that Fr. Pallath's dismissal and the events that followed are among the darkest blots on the image of the Jesuit society. <br>
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The letter-dated 17/4/2002 was written to the Provincial for consideration at the special consultation convened by the Provincial on 20/4/2002. It is reliably learned that Fr. Pulikkan, highly regarded as a soft spoken, erudite scholar presented the letter himself at the consultation. <br>
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\&quot;We believe that the course of actions taken by the Province against P.J (as Fr.Pallath is popularly known in the Jesuit circles) culminating in his dismissal, as well as some actions after the dismissal were juridically, morally or religiously flawed; that this failure on the part of the Province has deeply hurt it, that it is spiritually bleeding it\&quot;, notes the letter. <br>
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Obviously, the discussions that followed at the consultation could not duck the issue anymore, coming as it did from none other than Fr. Pulickan, arguably among the most respected of the Kerala Jesuits. Fr. Provincial was forced to write to the Jesuit authorities in Rome exploring the possibility of a review of Fr. Pallath's dismissal. The copy of this letter is unavailable. But the response to this letter of the Provincial, from Fr. Julian Fernando of the Jesuit curia in Rome, gives enough glimpses in to its contents and the desperate bid of the Jesuits in Rome as well, to cover up their totally unjustifiable act: <br>
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It is very important that what ever is done for a healing process should not give the seriously incorrect and potentially harmful impression that the decision of dismissal was \&quot;Juridically (or canonically) flawed\&quot;, and the Kerala province should re-examine this issue with \&quot;indifference\&quot;, warns Fr. Julian. The quotations in the letter (by Julian Fernandez himself), it may be noted, are an exact lift from Fr. Pulikkan's letter, making it obvious that Fr. Provincial could not ignore the sentiments of the Jesuit community anymore and felt compelled to write to the Jesuit headquarters to try and re-examine the issue. <br>
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What is of as much significance is that while the letter from the Jesuit authorities in Rome dated 22nd April tries to put a stamp of disapproval on re-opening the issue of Fr. Pallath's dismissal, (to that effect the opinion of the Procurator General is furnished, which forms the larger part of the communiqué? it does not rule out all other measures to heal the wounds caused by the dismissal and the events that followed. In fact the letter says as much, that it is indeed the prerogative of the provincial. \&quot;If the Kerala provincial wishes to encourage conversation that looks to the healing of the province in a forward looking manner (rather than once again uselessly re-visiting the past and its wounds) that may be his prerogative”, the letter makes explicit. <br>
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What is becoming all the more exposed is the ridiculous stand of the Jesuits: Against mounting pressure from the members of their own community they write to the higher authorities to re-consider the decision. The higher ups say no, but add that everything other than review of the dismissal will fall within the Provincial's prerogative (as part of the efforts to heal the wounds). Now the argument touted by the Jesuit superiors against showing even a 'modicum of equity and charity' to a 55 year old man whom they utilized maximally for 35 years before throwing him on the streets, is that they have been prevented from doing so by the authorities in Rome. <br>
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Who is saying what and when? More importantly, in the midst of all this where is the Provincial Fr. John Manipadam? Enough to give credence to the argument of a large number of Jesuits that he is prisoner to a caucus that is determined to bring the Jesuits to shame. Is his letter to Rome asking for a review of Pallath's dismissal one rare instance when he managed to break free from the caucus and truly present the aspiratins of the Jesuits of the Province? If so it is a shame that the Jesuit higher ups in Rome failed to seize the initiative. <br>
- By Prerana Thomas <br>
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Human rights activists decide to intensify stir <br>
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Against the totally inhuman attitude of the Jesuits towards Fr. Pallath's hunger strike, necessitated by their willful violation of the terms of a signed agreement, human rights activists have decided to intensify the agitation. Tomorrow morning will see protest action by farmers organizations before St. Michael's school Kannur - a prestigious Jesuit institution. From tomorrow evening, several cultural organizations will jointly hold a night vigil before the seat of Jesuit power in Kerala - Christ Hall, Calicut. Meanwhile, several priests and religious under the banner of CPCI and Forum of Religious have decided to hold protest action before several Jesuit houses this weekend. <br>
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Since his unequivocal statement yesterday before the police commissioner, several organizations, including Yuvajanavedi, the Confederation of Human Rights Organizations of Kerala (CHRO), and the Swaraj movement have pledged support for Pallath's cause and urged the Jesuit authorities to see the writing on the wall and concede Fr. Pallath's just demands. <br>
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Jesuits mock a dying man <br>
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The only negotiator that Jesuit leaders in Kerala can trust is the police. Consequently, the chief negotiator for the Jesuits has become the police commissioner. For a Jesuit organisation claiming to be present for hundreds years in Kerala not to be able to find anyone to negotiate on their behalf, except the police commissioner, is itself a sad indictment of the religious order. Community leaders have been with Fr. Pallath, however, and it is they who have represented him. <br>
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The final offer of the Jesuit leaders was an insult added to injuryan offer to pay two month’s rent! This deliberate mockery of the negotiations was a deliberate demonstration of their attitude that “we can care less what happens to Fr. Pallath.” <br>
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The indications are that they want Fr. Pallath to die. Why? <br>
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1. He has embarrassed the organisation too much, and his death will bring an end to this continuous embarrassment. <br>
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2. They have to insist that their organisation does not bow to pressure. The voice of the people has no place in it. <br>
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3. The Jesuits may talk about justice on matters outside of their organisation, but inside, they do not recognise such a principle. Even Fr. Arrupe, the former Jesuit superior general in Rome, was marginalised within the organisation in the latter part of his life due to his passionate interest in justice. <br>
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4. They cannot admit that they make mistakes. This is much different than the recent experience elsewhere in the Catholic Church. The pope himself has apologised several times for the wrongs committed by the Church in the past. On the issue of paedophile priests, some action has been taken. In the case of Fr. Tissa Balasuriya’s excommunication, it was lifted within just one year. But the Jesuits are different. Based on a military style of leadership, if they take any action, they consider it valid forever. This is what the Rev. Gregory Naik, the Jesuit regional secretary for South Asia based in Rome, has essentially been writing to many people. <br>
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5. Fr. Pallath has filed several criminal cases against some Jesuits. Their sensitivity regarding these cases is evident when they constantly have requested the withdrawal of these complaints by Fr. Pallath. If the complainant dies, then the cases will not go to court. <br>
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6. There is the special Kerala factor too. In this state of India whose population is predominantly Catholic, the Church is part of the power structure. The Church, police and bureaucracy are well knitted together. The novel The God of Small Things by Arundhati Roy exposes this unity, this “touchable solidarity.” Moreover, the tradition is to completely crush any challenge that shakes this solidarity. In this novel, Velulha, a paravan, or low caste person is mercilessly beaten and killed by Kerala’s touchable police to protect the touchable from embarrassment and challenges. Fr. Pallath too faces this same wall of blind and heartless prejudice. <br>
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7. There is nothing for the Jesuit leaders to gain by saving Fr. Pallath’s life. However, they have many petty advantages to gain by his death. They want to have the last laugh, however short it may last! <br>
- By Basil Fernando <br>
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Document Type :
Urgent Appeal Update
Document ID :
UP-42-2002
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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.