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.
E-mail : infoDesk@ohchr.org
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.
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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