Saturday, 21 June 2014

THE UNITED NATIONS COMMITTEE ON THE RIGHTS OF THE CHILD HAS ISSUED CONCLUDING OBSERATIONS, ON THE INITIAL REPORT OF THE HOLY SEE

May 31, 2014
From
G.ALEX BENZIGER
Advocate-Madras High Court,
No.123, Additional Law Chambers,
High Court Buildings,
CHENNAI-600 104.   SOUTH INDIA
alexbenziger@aol.com ; alexbenziger@gmail.com
To
1.   THE UNITED NATIONS HIGH COMMISSIONER
FOR HUMAN RIGHTS (OHCHR)
Palais des Nations
CH-1211, Geneva10,
SWITZERLAND.

2.   THE COMMITTEE ON THE RIGHTS OF THE CHILD (CRC),
Human Rights Treaties Division (HRTD),
Office of the United Nations High Commissioner
for Human Rights(OHCHR),
Palais des Nations
CH-1211, Geneva10,
SWITZERLAND.
Email : crc@ohchr.org
Respected Sir/Madam,
Sub: The United Nations’ Committee on the Rights of the Child has issued Concluding observations, on the initial report of the Holy See under CAT/C/VAT/CO/1 on May 21 & 22, 2014 - Regarding.
******************
1. I am a practicing advocate in the High court of Judicature at Madras, South India, with 27 years of Bar Experience. I am professing Roman Catholicism as my religious faith. Our forefathers were converted into Christianity 300 years before. I am hailing from Kanyakumari District, which is situated at the Southern tip of India. I am belonging to the suppressed community (Nadar Caste) in the Travancore Kingdom. The Travancore Kingdom was established in 1729 and ruled till 1949. The Travancore Kingdom merged with India after two years of its independence from the British government. Our family has the genealogy from 1754 onwards till date. (maravankudieruppu.com/genealogy.html ).

2. The Vatican City State hereinafter referred to as Holy See. The Holy See has an area about 110 acres and a population around 840. As per Lateran Treaty in 1929, the Holy See was declared as the independent City State. But all over the world, its followers are 1.2 billion people.

3. A Government enacts a law and then implements the law within the territory with force. It is binding on all the peoples within its territory. The Holy See enacted a law but cannot be enforced like other governments. But the law of the Holy See will be binding its people only morally on whoever voluntarily accepted it. This is not a coercive process; it is depending on the will of its followers.

4. The United Nations’ Committee on the Rights of the Child, herein referred to as UN Committee, asked the Holy See to clear some remarks against the Holy See in respect of child abuse by the Catholic Church clergymen and nuns. The UN Committee has issued some observations; the Holy See has sent its initial report on its compliance with the Convention on the Rights of the Child on October 22, 2012. The U.N. Committee considered the second periodic report of the Holy See (CRC/C/VAT/2) as its 1852nd meeting (CRC/C/SR.1852) held on January 16, 2013, and again issued some written enquiries to the Holy See. On December 2, 2013, the Holy See has responded. On January 30, 2014 the UN Committee has said that “the Committee is gravely concerned that the Holy See has not acknowledged the extent of the crimes committed, has not taken the necessary measures to address cases of child sexual abuse and protect children, and has adopted policies and practices which have led to the continuation of the abuse by the impunity of the perpetrators”. Further, the Committee against Torture considered the initial report of the Holy See (CAT/C/VAT/1) at its 1220th and 1223rd meetings, held on 5 and 6 of May, 2014(CAT/C/SR.1220 and CAT/C/SR.1223), and adopted the following concluding observations at its 1245th, 1246th and 1247th meetings (CAT/CC/SR.1245, CAT/C/SR.1246 and CAT/C/SR.1247) held on 21 and 22 May 2014 has issued Concluding observations on the initial report of the Holy See under CAT/C/VAT/CO/1.

5. As per this report, the UN Committee did not find the Holy See in violation of the CAT, and acknowledges that the Holy See and Catholic Dioceses and religious orders have established important efforts to prevent sexual abuse. The Committee appreciates the open and constructive dialogue with the high-level delegation of the Holy See and noted that many Catholic dioceses and religious orders have provided financial settlements to victims of sexual abuse. Finally, the Conclusions do not assert that the Church’s efforts to protect the unborn are a form of torture or cruel, inhuman or degrading treatment or punishment under the CAT, thus safeguarding the fundamental human right of freedom of religion and opinion, and the protection and promotion of human life.

6. In this regard, I have also wrote a letter to the Committee on the Rights of the Child on February 20, 2014 that “if a man has written a WILL, after his death, no court or authority has the right to change or alter anything in the Will. It is likewise, regarding abortion, contraception, homosexuality and gay marriage. It has been written in the Scripture. It is the WILL of God. So, the Catholic Church, or the Pope or any other Ecumenical Body does not have the right to change or alter or modify anything against the Scriptures. Therefore, the request of the UN Committee to change the teaching of the Catholic Church is contrary to the Scriptures, Tradition and WILL of God. Hence the request made by the UN Committee to change the teaching of the Catholic Church cannot be accepted”.

7. After going through the Concluding observations issued by the UN Committee dated 21 and 22 May 2014, I have appreciated and expressed my sincere thanks to the UN Committee on the Rights of the Child and Committee against Torture.

           8. Anyhow I have raised some points and real facts to the Committee on the Rights of the Child and other United Nations Authorities.

9. In reality, the Holy See has the jurisdiction of only for 110 acre, in particular only 840 persons living in that territory. The Holy See’s UN Observer His Grace Msgr. Silvano Tomasi explained the Holy See’s position on May 5 and 6, 2014 in Geneva: “members of the clergy are citizens of the country in which they live and therefore they are under the jurisdiction of the local authorities who have the duty to prosecute crimes according their own laws. In addition to penalties imposed by the civil authority, the Holy See exercises a further spiritual penalty upon clergy guilty of such crimes, including removing the persons from the clerical state, or defrocking as it did for 848 of them from 2004 to 2013. The Holy See cannot interfere in the sovereignty of other nations, as this would be a violation of international law”.
10. The UN Body is being lobbied to condemn the Vatican handling of child–sexual-abuse accusations against priests, and the Church’s stand on birth control and abortion which amounts to violation of the Convention against Torture (CAT).

11. I am surprised to see that there are many sexual abuse charges made against the UNO authorities and other member States, but the Holy See alone has been singled out to prosecute, why? In a report referring to the widespread sex scandal by the UN officials, the London Times provides the following incidents:
i). A French UN logistics expert in the Congo shot pornographic videos in his home, where he had converted his bedroom into a photo studio for video recording his sexual abuse of young girls.
ii). UN officials are worried that the scandal, which already has netted 150 allegations of sex crimes by UN staffs, will explode if the pornographic videos and photos now on sale in Congo, be made public.
iii). Two Russian pilots paid young girls with jars of mayonnaise and jam to have sex with them.
iv). UN “peacekeepers” from Morocco based in Kisangani- a secluded town on the Congo River - are notorious for impregnating local women and girls. In March an international group probing the scandal found 82 women and girls made pregnant by Moroccan UN staffs and 59 others by Uruguayan staffs.
v). Two UN officials - a Ukrainian and a Canadian - have been forced to leave the African nation after getting local woman pregnant.
vi). Gruesome photos were published in a Milan magazine of Italian soldiers torturing a Somali youth and abusing and raping a Somali girl.
vii). United Nations peace keepers in Ivory Coast enticed underage girls in a poor part of the West African nation to exchange sex-for-food, according to the United States Embassy cable released by wiki Leaks. And it further reported that a random poll of 10 underage girls in Touleplen by aid group ‘Save the Children’ UK in 2009 found that eight of them performed sexual acts with Benin peacekeepers in a regular basis in order to secure their most basic needs. “Eight of the 10 said they had ongoing sexual relationships with Beninese soldiers in exchange for food or lodging.
viii). On January 3, 2007 the London Telegraph reported that more than twenty different cases of child sex slavery involving UN Staff have been reported in Southern Sudan.
ix). In November 2006 the BBC investigation found that children as young as 11 have been subjected to rape and prostitution by United Nations peacekeepers in Haiti and Liberia.
x). In 2003 Associated Press reported that UN officials were identified as using a ship charted for peacekeepers to traffic young girls from Thailand to East Timor as prostitutes.
xi). In early 2002 a massive paedophilia scandal within the UN was uncovered involving sexual abuse against West African refugee children in Sierra Leone, Liberia and Guinea. UPI reported that Senior UN officials knew of the widespread paedophilia, and not only did they not take action against the perpetrators, they covered up the atrocities.
xii). In 2004 the New York Post reported that the UN was trying to block the publication of a book by three United Nations field workers that detailed sex, drugs and corruption inside multiple U.N. missions.
xiii). On December 16, 2004 the Washington Post staff writer, stated that UN peacekeepers threatened UN investigators investigating allegations of sexual misconduct in Congo and sought to bribe witnesses to change incriminating testimony, a confidential UN draft report says. And further the report states according to the UN official that 68 cases of alleged rape, prostitution and paedophilia by UN peacekeepers from Pakistan, Uruguay, Morocco, Tunisia, South Africa and Nepal. Further UN officials say they have uncovered more than 150 allegations of sexual misconduct throughout the country as part of a widening investigation into sexual abuse by UN personnel that has plagued the United Nation’s largest peacekeeping etc…

12. But unfortunately the UN officials alleged that the Holy See failed to protect the people from the sexual abuses. On the other hand UNO officials also failed to protect the people from the sexual abuses committed by the UN personnel. Who is going to question the sexual abuses of the UN officials? Who is held responsible for the sexual abuse perpetrators of the UN officials in many parts of the world?

13. Child abuse by the perpetrators in the case of Holy See say that Vatican cannot be held responsible for violation of laws in other countries. The persons who live in a particular country are under the jurisdiction of the legitimate authorities of that country. But the Holy See is responsible only within the territory of 110 acres only. On the other hand UN Committee on the Rights of the Child is only concerned about the Holy See, but not accusing UN officials and other countries like Lebanon and Nigeria.

14. Subsequent to that, another UN panel says that the UN Convention against Torture (CAT) batters the Holy See that the “Vatican should be held responsible for sexual abuse of children, which could be regarded as a form of torture.

15. His Grace Msgr. Silvano Tomasi, the Holy See’s UN observer, presented his explanation to the UN Committee against Torture on May 5 and 6 at Geneva he explains his impressions on May 9, 2014 that “the nature and purpose of the Committee is that of monitoring the implementation of the treaty, not to change it. As such, the Committee is not a court which can pass judgment. In our dialogue, we pointed out that we understand the role of the Committee in this correct way”. Further he added that “in fact, the Holy See upholds the value of solidarity within the whole human family, among countries and people, in support of fundamental values like freedom of religion and opinion, the fight against poverty, integral development, assistance to migrants and refugees and the fight against the trafficking of women and children among many other concerns. The excess of some functionaries or experts employed by the UN, who tend occasionally to promote their ideological convictions instead of following the conclusions arrived at democratically by the Member States, offers the occasion for legitimate criticism”.

16. World net dictionary is based on “Word Net 3.0 “Copy right in 2006 by Princeton University” is using for the purpose of meaning the word abuse and torture.
Torture:              (Noun) extreme mental distress, or unbearable
                             physical pain or intense feelings of suffering;
                             acute mental or physical pain.

Sexual abuse:   a statutory offence that provides that it is a crime
                             to knowingly cause another person to engage in
                             an unwanted sexual act by force or threat.
I don’t know how the UN officials define ‘sexual abuse’ and ‘torture’. Therefore I have the doubt that the UNO is biased towards the Holy See, the UNO entertains a partisan attitude towards the Holy See. Some UN experts want to promote their own ideology and are imposing their ideology on the Catholic Church.

17. If it is to be allowed for the argument sake, sexual abuse by the catholic clergy leads to a form of torture. Then why not the UN officials in Sierra Leone, Liberia and Guinea and UN peace keepers from Pakistan, Uruguay, Morocco, Tunisia, South Africa and Nepal be held responsible for sexual abuse of children. Why not this also treated as torture? And further, why not Lebanon and Nigeria be held responsible for the child abuse and sale of children to adoption, and why it is not treated as torture?

18. Also concerning the corruption charges levelled against the United Nations Organizations, I quote some of them as follows:
i).Recently has been brought a cascade of scandals at the United Nations, of the wholesale corruptions of the oil-for-food relief programme in Iraq. Further in 1998 there is the saga of Annan’s son Kojo, who turned out to have received more than $195,000 from a major UN oil-for-food contractor, Cotecna Inspection, after he had formally stopped working for it. In investigating Kojo’s UN-related venture, Volcker came across the paper trail of a buy-now famous  green  Mercedes ; Kojo had saved $20,000 by buying this car at a diplomatic discount is Germany and shipping it duty-free into Ghana, all under the false use of his father’s name and diplomatic privileges and with the UN Seal.
ii).The more sensational ones include the disappearance of UN funds year marked for tsunami relief in Indonesia.
iii).The exposure of a transnational network of paedophiliac rape by UN peacekeepers in Africa.
iv).The latest developments in Nairobi and allegations that some UN officials and employees were members of an organized crime syndicate, must be shocking and disheartening to the UN leadership, donor countries and UN member States. Unfortunately, the reported corrupt practices and more undisclosed allegations are common in that part of the world and are being turned into an art form by many UN officials and employees in Somalia, Nairobi, and Kenya.
v).Somali refugees in Nairobi and local Somali authorities in the “Recovery Zones” and “Transitional zones” have been complaining for a period of time about range corrupt practices by UN officials and its employees. But, unfortunately UN officials didn’t take the Somali allegations. They have neither undertaken an internal inquiry nor have they responded to the allegations. The alleged corrupt practices and extortions continued and evolved into “an organized crime network in Africa” as reported by Reuters News Agency.

19. The United Nations is an inter-governmental Organization. The organization is financed by assessed and voluntary contributions from its member States. Its objectives include maintaining international peace and security, promoting human rights, fostering social and economic development, protecting the environment, and providing humanitarian assistance in cases of famine, natural disaster, and armed conflict.

20. 68 years have passed from the formation of UNO; still we have not achieved the four main purposes of its formation. The first, second and third purposes are about peace among nations. The fourth purpose is lives of poor, hunger, disease and human rights. On October 14, 2012 the UN report stated that around 870 million people have suffered from chronic malnutrition between 2010 and 2012. Africa is the only place where hunger is increasing, around 20 million in the last four years alone. Therefore, the UNO is failed in all the above aspects. About this, I wrote a detailed letter dated June 18, 2013 to His Excellency the Secretary General Mr.Ban Ki-Moon, wherein I explained many aspects.

21. On the other hand Christians are persecuted for their faith in all parts of the world. In 2008 marks 60 years since the Universal Declaration of Human Rights was adopted by the United Nations General Assembly, wherein the religious liberty is guaranteed to citizens of their own country. But frequent infringement of rights is suffered by the Christians. I quote some of them as follows:
i). In India, in the State of Orissa, in the mid-October 2008, 100 people were reported either dead or missing, 25000 peoples were living in refugee camps. 4400 houses and 151 churches/chapels were destroyed, Sister Mina Barua was publicly gang raped. Rev. Fr. Thomas was seriously beaten before being stripped naked and publicly paraded.
ii). In Algeria, in the first six months of 2008, new laws were introduced restricting religious freedom for non-Muslims.
iii). In Eritrea, the government of Isias Afewerki forcibly deposed the Orthodox Patriarch, called on all clergy under the age of 40 to enrol for military services.
iv). In Iraq, a spate of bomb attacks against churches-especially in Mosul and Baghdad-has sparked an exodus of Christians.
v). In Bangladesh, extremist groups have put pressure on Christians in tribal areas to convert, sometimes threatening violence.

        vi). Sudanese woman Meriam Ibrahim, sentenced to death for apostasy gave birth with her legs chained, her husband Mr Wani, says :The Telegraph  29 May 2014.


  vii). Muslim rebels attacked a Catholic parish in Bangui, the embattled capital of the Central African Republic, killing as many as 30 people, including the 76 years old parish priest : Rome Reports 29-05-2014.
       viii). Likewise, in the following countries, Belarus, Bosnia-Herzegovina, Myanmar, China, Cuba, Egypt, Indonesia, Iran, Kazakhstan, Lebanon, Maldives, Nigeria, North Korea, Pakistan, Saudi Arabia, Sudan, Turkey, Uzbekistan, Venezuela, Vietnam and Zimbabwe, Christians suffered and were victimized.

22. Today we have seen many more human rights violations in all parts of the world. I quote some of them are as follows:
i). In November 2012 Gulf News reported that more than 5000 Dubai girls below the age of 14 are married off to older rich man in Saudi Arabia.
ii). Arab Human Development Report, stated that in Saudi Arabia, prisoners are commonly tortured and beaten by both the Mutawwa’in and the officials in the Interior Ministry, and numerous prisoners have been executed-by stoning, beheading, or firing squad-for crimes ranging from “deviant sexual behaviour to sorcery; other convicts have been punished by amputations or the loss of an eye. Saudi women are discriminated as well by laws governing property ownership, testimony in court, inheritance and child custody in cases of divorce. Also, female genital mutilation is practiced legally in some parts of Saudi Arabia.
iii). In Jordan, freedom of assembly, association, the press and speech are all restricted by the Jordanian government; authors of articles critical of the government are often arrested and imprisoned. In August 2002 the Al-Jazeera television network’s license was revoked for airing views critical of the government. Marital rape and wife beating are permitted by law.
iv). In Lebanon forced labour is not illegal and many foreign servants, women, and children are compelled to work against their will. Child labour in general is rampant. Child abuse, kidnappings and even the sale of children to adoption agencies are relatively common, and ignored by the government
v). In Syria armed conflict has been escalated as the government intensified its attacks and began increasingly using deadly and indiscriminate weapons, culminating in a chemical weapons attack on the Damascus countryside on August 21, 2013. Government forces and pro government militias also continued to torture detainees and commit executions. Armed opposition forces including a growing number of pro-opposition foreign fighters, also carried out serious abuses including indiscriminate attacks on civilians, by executions, kidnapping and torture.
vi). In Nigeria, 300 Christian school girls were kidnapped a month ago by a maniacal Islamic warlord-Boko Haram, to sell the girls into slavery.
vii). In Egypt domestic violence is a serious social problem. A majority of the nation’s women undergo female genital mutilation.
viii). In Southern Sudan, constant attacks from the Arab Militias in the North has led to growing number of kidnap victims and selling of kidnap victims back to their families.
ix). In China, the former Deputy Health Minister of the Peoples Republic of China, Mr. Huang Jiefu stated on March 7, 2012 that “China is the only country in the world that is systematically making use of organs from executed prisoners. More than 20,000 transplants had taken place in a year, the Beijing Times reported on March 7, 2012.

23. Homosexual fellows are not homosexual persons but all of them are sexualized lust fellows. They want to live as they like. Now it is developed as polyamory. Are we civilized? Then what about moral law? What about natural order? If you failed to follow morality then you will not succeed to build up a peaceful society. If the UNO does not speak about morality or natural order then, the survival of the UNO will be jeopardized. Homosexual lobby will not succeed its agenda; their agenda is for time being, but the moral law will prevail over un-natural things and un-natural agenda.

24. We will not find any provision in respect of gay marriage as a constitutional right in any of the government. If the civil union is to be allowed as constitutional right then a man or woman can walk free without dress because it is their personal freedom or personal right, and it should not hurt anybody. The perverted, criminally sexualized persons are sitting as judges and they interpret the law according to their own whims and fancies. Now we could see, some people claiming that they have to be permitted to marry a dog or a horse, or a dolphin or to marry his porn laden computer. That is why, His Holiness Pope Benedict XVI stated in 2009 in Africa that “not everything is allowed and that one cannot do whatever one wants”.

25. Already I wrote a letter dated February 20, 2014 to the UN Committee on the Rights of the Child that Christianity founded by Our Lord Jesus Christ has been spread all over the world by millions of missionaries who have sacrificed their lives by fire, and were tortured and brutally murdered by lions and other wild animals. As I have narrated in the foregoing paragraphs, persecution is set out towards Christians in many countries, and they have suffered severe restrictions only because of their Christian faith. Anyhow, we the Catholics will face any form of persecution to save our faith which we have received from Our Lord Jesus Christ as He has said: “and calling the multitude together with his disciples, he said to them; if any man will follow me, let him deny himself, and take up his cross and follow me. For whosoever will save his life, shall lose it: and whosoever shall lose his life for my sake and the gospel shall save it (Mk. 8: 34, 35). On July 8, 2011 the New York Archbishop His Eminence Cardinal Timothy Dolan wrote: “faithful Catholics remain ready to face even the fate of St. Thomas More who was executed by King Henry VIII for defending the truth about marriage and further he added that we are willing to take the heat and even lose our heads from following a conscience formed by God’s revelation”.

26. Lastly, some forces are trying to expel the Holy See from the UNO, they may succeed but we Catholics never give up our faith, we Catholics will uphold the teachings of Our Lord Jesus Christ and we oppose abortion, contraception, gay marriage and homosexuality till the end of the world. On the other hand, if considerable UN Member States might withdraw from the UNO, then the fate of the UNO’s survival would questionable, but nobody can prevent the followers of Jesus Christ from propagating His Mission in the world. It will be growing until the existence of the World.
Yours sincerely,

(G.ALEX BENZIGER)
Copy to :
1.    HIS EMINENCE CARDINAL PIETRO PAROLIN,
SECRETARY OF STATE
Palazzo Apostolico Vaticano,
Citta del Vaticano 00120
ROME.
Through
1.  His Excellency Salvator Pennacchio,
The Apostolic Nunciature in India
50-C, Niti Marg,  Chanakyapuri,
New Delhi-110 021


2.   HIS GRACE SILVANO MARIA TOMASI. C.S.,
Archbishop
Nunciature to Other - the Holy See’s UN observer,
16, Chemin Du Vengeron,
1292, Chambesy,
GENEVA.

3.   THE EDITOR,
British Broadcasting Corporation
180, Great Portland Street,
LONDON.   W1W 5 Q2.

4.   THE EDITOR,
The Guardian,
Kings Place,
90, Yorkway,
LONDON    N1 9 GU.

5.   THE EDITOR
The Wall Street Journal,
1211, Avenue of the Americas,
New York,
NY 10036.   USA

6.   Shri. BIBHU PATTANAIK,
Associate Editor,
Express Gardens,
2nd Main Road,
Ambattur Industrial Estate,
Chennai - 600 058.  South India



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