Category: Society & Culture

High Court issues injunction against Family Court order to return child to mother

The High Court has released a temporary injunction halting the implementation of a Family Court order asking a man to hand over his five month old baby to its Swiss mother.

The man has been identified by the police as Ahmed Sharuvan,  age 32, from Kanmatheege in Maradhoo in Seenu atoll. The information had been released when police launched a nationwide search for the man after he failed to comply with a Family Court order last week.

The superior court released the injunction after Sharuvan submitted an appeal in the court against the Family Court’s verdict.

The High Court injunction – signed by three judges – stated that the court believes it important to halt the Family Court order until after Sharuvan’s appeal has been completed.

Although the case’s first hearing was scheduled by the High Court for Sunday, it was later cancelled.

Sharuvan’s wife – identified in local media with only a first name, Tanya – also attended Sunday’s court hearing.

Sharuvan attended Sunday’s hearing at the scheduled time and was accompanied by a lawyer. Police began questioning him outside the court premises, with Sharuvan responding by showing the police the High Court’s temporary injunction.

In spite of this, police took Sharuvan to the police headquarters for further “discussions”.

“We did not have the jurisdiction to arrest him then due to the High Court injunction although we were previously looking for him,” a police media official told Minivan News today.

“So we requested him to come along with us to headquarters for further discussions and he obliged. We did not have the jurisdiction to directly question him, so we just held a discussion. He left the police premises directly after the discussion.”

Owing to the High Court injunction, police revealed that the baby remains in the custody of the father. They stated that the police cannot take any action on the matter until Sharuvan’s appeal case at the High Court reaches completion.

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Torture in detention increasing, says Human Rights Commission

The Human Rights Commission of Maldives (HRCM) 2013 annual report has revealed that incidents of torture in detention are increasing in the Maldives.

Among the issues noted during the commission’s visits to places of detention – in particular, prisons and police detention centers – and from the cases submitted to the commission were:

  • Detainees being held in cuffs for 24 hours – sometimes for 15 – 30 day – with removal only for using the toilet and for eating
  • Detainees not being provided with necessary items for cleaning themselves, or with pillows and blankets for sleeping
  • Overcrowding of cells
  • Police officers cursing and hurting detainees inside vehicles during transfer
  • Serving of rotten food
  • Not keeping proper records of detainees including medical, search, and solitary confinement records.
  • Not providing family meetings and phone calls
  • Police not providing details of arrested people to HRCM
  • Police entering homes without a court order
  • Addressing underage detainees inappropriately

According to the report, out of the a total 596 recommendations regarding state detention facilities made by the HRCM – including prisons, detention centers and homes for people with special need – only twenty percent have been fully implemented.

The report also noted that the commission faced “huge obstacles” in conducting investigations, resulting in delays the completion of research.

These obstacles included the failure of relevant institutions to provide documents, delays of state institutions in implementing commission recommendations, and the refusal of some government ministries to meet with the commission.

Statistics

With forty cases initiated by the commission, a total of 719 cases were received in the year 2013 – of which 218 were completed. With pending cases from 2000 -2012, the commission completed investigations for total 352 cases within the year.

The rising incidence of torture was reflected in the number of cases submitted,and a total of 72 cases of degrading treatment and torture were submitted within the year.

Among them were cases submitted by victims and their families stating that they were tortured during the police custodial department detention during investigations. Detainees also submitted cases of being denied parole, the detention of persons released under the ‘second chance’ program, and the implementation of sentences which contravened court verdicts.

The highest number of cases – 134 – were submitted regarding the right to a good standard of health care; 77 case related to the right to fair administrative action; 86 cases concerned children, the elderly, and persons with special needs; and 90 cases submitted regarding labour rights violations.

Judiciary

“Citizens had many concerns about the condition of the judiciary in 2013 as well,” read the report, which reported the slow speed at which cases are attended to by the courts and the failure to take action against judges accused of misconduct.

In the report, the HRCM called on the Judicial Services Commission to increase and strengthen it’s role in reforming the judiciary, and for the People’s Majlis to pass important laws such as the penal code, and the criminal procedure and evidence bill.

The HRCM is currently working on an assessment of the Maldives human rights obligations in the judicial sector – with the financial assistance from UNDP – to ensure the judicial system in the Maldives is independent, just, and accessible.

The report mentioned, however, that courts had refused cooperate with the commission’s monitoring programme as the commission “did not get the cooperation of the Supreme Court”.

Freedom of assembly and MP’s behaviour

Notable achievements listed in the report were the passing of a number of bills such as the prisons and parole bill, the anti human trafficking bill, anti-torture bill, access to information bill, the sexual offences bill, the political parties bill, and the freedom of assembly bill.

Regarding the controversial Freedom of Assembly Act, the commission stated that “citizens were relieved” when it was passed and enforced, and that the legislation aimed to minimise restriction of the rights guaranteed by the constitution.

The bill had been criticised prior to its ratification, with local NGOs stating that it impinged upon a number of fundamental constitutional rights and “significantly challenges the entire democratic system of governance”.

The bill was also criticised by the the Maldives Journalists’ Association, Forum Asia – a regional human rights organisation -and the Tourism Employees Association of Maldives. The opposition Maldivian Democratic Party (MDP) argued that it was a reactive measure against the MDP-led anti-government protests calling for an early presidential election.

The “irresponsible acts” of parliament members throughout the year – including violence within the Majlis premises and demonstrations during 2013 presidential address, were mentioned as an issue of concern. Another issue raised regarding MPs was the proposal of amendments to laws in order to “protect personal interests”.

Other prominent issues concerned the large number of child abuse cases,  including sexual abuse and use of children in crimes, along with an increased incidence of rape and other crimes against women.

Violation of the rights of migrant worker, including non-payment of wages, the withholding of their personal documents, and reports of inhumane abuse by their employers and the public was also noted.

The HRCM Annual Report 2013 can be downloaded here.

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Vandals attack campaign offices of Majlis speaker

Speaker of the People’s Majlis and MP for Keyodhoo constituency Abdulla Shahid has today condemned an attack on his office, following the news that two campaign offices had been vandalised in the early hours of the morning.

“It was more than damage, it was an attempt to intimidate,” Shahid told Minivan News, declaring that he “would not back down” in the face of “intimidation”.

Police have confirmed that two attacks that took place in the early hours of this morning (March 13).

Speaking with Minivan News, Shahid confirmed that he was awoken at around 4am by supporters saying that there had “been some damage to the office”.

“It looked like it had been a big piece of rock damaging the class panel, and caused considerable damage,” explained Shahid.

A police statement reveals that as well as vandalism carried out at Shahid’s campaign hall, the campaign offices of Machchangoalhi Dhekunu constituency candidate Hassan Mamdhooh.

Shahid is campaigning for the 18th Majlis on a Maldivian Democratic Party ticket, while Mamdhooh is running as an independent.

The police said they are investigating the matter, but that no suspects have been arrested.

Shahid suggested that the perpetrators were intending to “intimidate the public. They want to send a message to the people that politics is violent, politics is not safe, a message to the public to lay off politics.”

Earlier this week, Shahid’s name appeared on a letter sent to the chief justice and attorney general, stating that the recent dismissal of the president and vice president of the Elections Commission (EC) was contrary to the constitutional procedures which reserved such powers for the Majlis.

The letter – also signed by Deputy Speaker Ahmed Nazim – was based on legal advice from the parliament’s consul general after an analysis of the Supreme Court’s verdict.

Currently, the vacant seats in the EC are being filled in an effort to keep the parliamentary elections timely. So far, parliament has approved Ismail Habeeb Abdul Raheem to replace former commission member Ibrahim ‘Ogaru’ Waheed.

When asked about the parliamentary elections, Shahid remarked: “I’m hoping against hope that it will happen,”  adding that any more delays in the elections “will destroy the democratic process of the country”.

He finished by stating that the political system will only work when there is a “peaceful environment” in which it can flourish.


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“Huge support” for halal certification, says Islamic Ministry

The Ministry of Islamic Affairs’ has claimed that the new halal certification program for local fish products is receiving “huge support” from local fish processing companies, the ministry has said yesterday.

Denying reports published in local news outlet Haveeru of a lack of support for the programme , the ministry said that issuing halal certificates for five different products from ‘Felivaru’ company is in it’s final stages.

The ministry also stated that “famous Maldivian fish processing companies such as MIFCO” are also in the process of submitting necessary documentation in order to acquire the halal certificate

Training of halal assurance officers to inspect factories has begun, and ministry teams have made visits to “successful” halal industry countries such as Malaysia and Singapore.

The Haveeru article in question – published yesterday – quoted Permanent Secretary of the Islamic Ministry Mohamed Didi as saying that Felivaru was the only company to have shown an interest in acquiring the certification.

Didi was reported as saying that the reason for this could be that such a certificate is not important for their export markets.

According to the article, a team from the ministry had travelled to the Felivaru fish processing factory to check if the process and ingredients used are ‘halal’, with Didi saying that certification would open doors to export Maldivian fish products to middle-eastern markets and would increase the value of such products.

After the EU declined to extend duty-free status on Maldivian fish exports last November, the government has been seeking alternative markets for Maldivian fish products.

Foreign Minister Dunya Maumoon at the time said the decision was connected to Maldives’ reservations towards freedom of religion and other conventions before noting that the Maldives is “not running out of friends in the international community”.

Since then, the government has said it is analysing new markets for such as middle-eastern and Malaysian markets for Maldives fish exports.

Earlier this week, Vice President of the Maldives National Chamber Of Commerce and Industry Ismail Asif said that Maldivian fishermen intended to stage a protest against the EU’s trade policies.

Meanwhile, the Islamic Ministry’s ‘Fiqh Academy’ issued a fatwa this week stating that kosher meals, while halal, are inadvisable in Shariah. The ruling suggested that the import of such goods would “introduce and spread such a religious slogan of the Jews into an Islamic country like the Maldives”.

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New network launched to support the rights of disabled children

Advocating the Rights of Children (ARC) has launched the Child Advocacy Network of Disability Organisations (CAN DO) aimed at protecting and promoting the rights and well-being of children with disabilities.

“A recent study commissioned by ARC on the child protection system revealed a broad range of gaps and challenges, among which include the need for a special focus on protecting and promoting the rights and well-being of children with disabilities,” said ARC’s Executive Director Zenshya Shaheed Zaki.

The new network aims to implement the Convention on the Rights of Persons with Disabilities and the Maldives Disability Act, in order that “every child with disabilities in the country can live with full rights and dignity and are provided with opportunities to realize his or her full potential,” an ARC press release explained.

CAN DO will take steps to bridge the identified gaps in a number of ways, including improving access to information, raising awareness, conducting training, and enhancing early detection and intervention.

Founding members of CAN DO also include the Association for Disability and Development, Beautiful Eyes Down Syndrome Association of Maldives, Blind and Visually Impaired Association of Maldives, the Care Society, the Maldives Autism Association, Maldives Deaf Association, and the Maldives Association of Physical Disables.

Zenysha explained that CAN DO plans to strengthen the network of children’s disability charities, noting that lots of NGOs work with different types of disabilities and that CAN DO will be a good way to strengthen these collaborations and encourage a “greater focus in society into the issue of disabilities”.

“There are very few opportunities for disabled children to get education,” Zenysha stated. “It’s a huge issue that needs allot of work put in from the government.”

She went on to point out that the Maldives is lacking in specialist disability schools, citing the example of having only one school in the Maldives that specialises in blind or partially sighted education. Furthermore, in this school there is only one class – which cannot cater to the demand, she added.

As well as raising awareness of SEN schools and disabled education access, CAN DO will provide disability related training courses.

“This will create a more coordinated approach,” stated Zenysha,  and create “long term opportunities” for those who take part.

According to the Human Rights Commission (HRCM), in 2009 there were 2,250 children with disabilities registered in the Maldives and of these children only 230 had access to education.

The HRCM has this week begun hearings into its National Inquiry in to Access to Education for Children with Disabilities, in Kaafu atoll. The inquiry will examine the practices, policies, and laws related to education for children with disabilities.

ARC and CAN DO are currently planning events to celebrate Children’s Day, which takes place on the 10th May.

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Juvenile Court postpones order to summon HRCM members

The Juvenile Court has postponed an order summoning all members of the Human Rights Commission of Maldives (HRCM) to discuss their alleged misleading of the public over the court’s work.

An official from the Juvenile Court has today confirmed to local media that it has now asked all members to produce themselves to the court next Monday (March 17) at 9:30am.

The official told local newspapers that the decision was made in compliance with the commission’s request made due to three members being out of town and the other two also unable to attend.

The Juvenile Court has previously sent letters to the commission on two occasions asking them to discuss a report made regarding a 15 year old minor charged for fornication in 2012.

The court has claimed the report contained misleading information that gave a “negative impression” of the court’s conduct. The report was also said to contain statements that could be considered as attempts to influence the court’s work.

In a matter relating to criticism of the Supreme Court, Chief Justice Ahmed Faiz has this week said that the maintenance of the respect and the positive reputation of the courts was a constitutional responsibility of all state authorities.

Following the HRCM members’ failure to comply with the court requests last Sunday (March 9), the court issued the summons for today.

The report in question came during the trial of a 15 year-old girl who had given birth to a baby which was later discovered buried in the outdoor bathroom at her residence. Her stepfather was subsequently charged with sexual abuse of a child and committing premeditated murder.

The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest  after confessing to fornication with another man.

The Attorney General’s Office appealed the case on March 27 last year following appeals from international human rights advocacy organisations and Avaaz.org, which launched an online petition that gained over two million signatures.

On August 21, 2013, the High Court decided to overturn the minor’s sentence after she denied having confessed to consensual sex with an unknown partner during the Juvenile Court trial.  Authorities have previously said the minor had confessed to having consensual sex during a separate investigation into her abuse.

According to Islamic Fiqh scholars, a confession of fornication can be retracted before the resulting sentence is carried out in full, the High Court statement added.

It was further noted by the court that there were discrepancies in the statement given by the girl to the Juvenile Court. The High Court concluded that the minor – found to be suffering from post-traumatic stress disorder – was unable to correctly define pre-marital sex according to the law.

The High Court argued that its verdict had been based on evidence that the girl was “unfit for trial” during investigations into her alleged abuse and the subsequent Juvenile Court hearings.

The court said that the minor had provided her original statement in the capacity of a victim and not a suspect, and that authorities had therefore not given her the fundamental rights legally required of a suspect in a crime.

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Assaulted inmate flown to Sri Lanka for medical treatment

Officials from the Home Ministry have confirmed to local media that Ibrahim Azar – critically injured during a jail fight in Maafushi prison last month – has been sent to Sri Lanka for medical treatment.

According to a report on the incident shared by the Maldives Correctional Services (MCS) with parliament’s government oversight committee earlier this month, Azar had requested to be transferred from his cell more than an hour before the assault.

A person familiar with the matter told Minivan News that Azar was attacked by his cell mates after calling prison officers when a fight broke out between two of his cell mates on February 24.

“Azar was kept in A-B/Unit-3 of Maafushi Prison with two other inmates, and that day the two inmates had an issue and started fighting,’’ the source said.

“Azar called the prison officers and the prison officers talked to the two that were fighting and resolved the issue – but as soon as the prison officer left they started fighting again.’’

He added that Azar called the prison officers once more, though the fighting had stopped by the time officers arrived and so the guards left the cell again.

“It repeated three times, and after the fourth time prison officers were called Azar was attacked by his two cell mates,’’ the source said.

The source alleged that Azar’s cell mates attacked him using a razor blade. He received multiple wounds to his body, and his head was allegedly banged against the cell wall or the metal fence.

However, officials from the MCS had denied that any “sharp objects” were used in the assault when asked by MPs at the oversight committee meeting.

The source meanwhile said that the hospitalised inmate was “very skinny” and “very weak.”

“After the attack the prison officers had to wrap him inside a mat to carry him outside due to bleeding, his head was smashed,” he said.

“The inmates have to shake the metal fences to alert the prison officers if anything is happening otherwise they will pretend they did not hear,’’ he said.

“If one cell starts shaking the fences all the other cells will start shaking the metal fence.’’

MCS report

According to the one-page MCS report, on February 24, Prison Corporal Mohamed Mujthaba, the ranking duty officer at the time of the incident, was informed by guards of unrest in cell number 12 of unit three, wing one, at about 5:25pm.

Mujthaba questioned the prisoners and was asked by two of the three inmates in cell 12 – Ali Ashwan of Ma. Oasis Villa and Azar – to be transferred to a different cell.

“However, when [the inmates] were asked to explain the reason for wanting to change cells, they refused to do so until they were taken out of the cell,” the report revealed.

At about 6:00pm, the report stated, instructions were given to transfer the inmates, but the third inmate in cell 12 – Ahmed Liushan, also from Ma. Oasis Villa – obstructed prison guards who attempted to take the other inmates out of the cell.

At about 6:50pm, Mujthaba and Emergency Support Group officers made their way to the cell upon hearing a commotion from the unit, finding the “severely beaten” Azar inside.

Negligence in the prison was also reported to have led to violence in December 2010 after inmates attempted to inform prison officers of the illness of a cell-bound inmate.

After officers failed to respond to pleas from inmates, prisoners reportedly shook the bars to gain the attention of officers – who were subsequently alleged to have beaten the inmates causing the disturbance.

“Nobody cares for the inmates, only some politicians speak about it, but only for political purposes and not with the intention of correcting anything,” said a source close to the incident at the time.

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Fishermen to protest EU fish import policy

Vice President of the Maldives National Chamber Of Commerce and Industry (MNCCI) Ismail Asif has today said that Maldivian fishermen are going to stage a protest against the EU.

The protest is to express concern regarding the decision made by the EU not to extend the duty-free status of imported fish from the Maldives, following the country’s failure to comply with international conventions concerning freedom of religion.

Speaking at a press conference yesterday Asif claimed that the EU was attempting to take advantage of the country’s delicate economy and force certain policies on the Maldives.

”The MNCCI had tried to talk with the EU regarding the issue but the EU declined to go for negotiations,” he said, adding that the EU was trying to spread policies that Maldivians do not accept under the guise of human rights.

”But they never directly tell us that their issue is that the Maldives does not have religious freedom,” Asif said.

“They always say under this article of that convention or something like that.”

Asif questioned the capacity in which EU was here in the Maldives and said he will ask the government why the EU was brought here and why the government had given opportunity for such a dangerous group of people.

The EU yesterday revealed details of its first full EU Election Observation Mission to take place in the Maldives, with around 30 observers working to compile a comprehensive report on the entire Majlis elections process.

Asif said the EU delegation might go back and write another report and start taking actions against the country. He suggested that democracy – which he argued was more than observing elections and criticising – could only be strengthened after stabilising the economy of the country.

Businessmen in the Maldives are very concerned that an EU delegation had come to the Maldives after taking measures that would harm the economy of the country, Asif said.

”While they had taken these actions against us they did not consider that the Maldives is the country that does fishing the most environmentally friendly way,” he said.

The EU was doing anything they want to the Maldives because it is a small country, he argued, adding that all they do is provide funds for local NGOs to spread their propaganda.

”Maldivians can decide anything they want to decide when they want to decide it,” he said.

The Maldives exports 40 percent of its US$100 million fishing industry to the EU, its single largest export partner by value.

Until January 2014 those exports were duty-free under the Generalised System of Preferences (GSP) program, a non-reciprocal trade agreement extended to developing countries.

The Maldives applied for an extension under the ‘GSP+’ program, a unilateral trade concession of the EU given to a limited number of countries on the basis of good implementation of human rights are labor conventions, officials said, however did not qualify due to the country’s reservations to ICCPR on religious freedom and CEDAW concerning women’s rights.

The total fish catch has been declining each year since 2006 reaching 83.1 thousand metric tonnes in 2011, leading to fears about the impact of climate change and overfishing by better equipped fishing fleets on the borders of the Maldives’ Exclusive Economic Zone (EEZ).

In November last year, the government said that the Maldives will look to alternative fish export markets, including the middle-eastern and the Malaysian market.

Asif was unavailable for comment when contacted by Minivan News today.

Under the Maldivian constitution all citizens are required to be Sunni Muslim and the practice of other religions is criminalised. Customs authorities forbid the import of religious items and scan the baggage of tourists arriving at the airport, while politicians frequently use allegations of ‘consorting with missionaries’ as a political attack.

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ARC launches ‘Respect’ campaign against bullying

Childrens’ rights NGO Advocating for the Rights of Children (ARC) on Saturday launched a campaign against bullying and discrimination titled ‘Respect’.

The campaign aims to raise awareness of these issues among children in order to equip them to respect both themselves and others’ boundaries and surroundings.

The ‘Respect’ campaign was initiated as a result of a survey conducted by the NGO in 2012, which “showed alarming statistics of bullying in schools”.

Under the campaign, a number of sessions will focus on anti-bullying and anti-discrimination with the primary aim of supporting students, teachers, and parents to promote positive and respectful behaviour and to create safe and healthy environments for children.

Launching the campaign this weekend, ARC held events at the Children’s Shelter and Muhyidheen School in the island of Villingili. The campaign includes a week-long programme consisting of material to teach the children how to acknowledge and accept differences between themselves and others.

The programme will help participants understand the term ‘bullying’, to identify bullying behaviour, and to recognise the emotional and psychological impacts of such behaviour. Children taking part will also learn the difference between assertive, aggressive, and passive communication and will learn to use assertive communication to stop or prevent bullying.

The programme involves both indoor and outdoor activities over the span of a week. Participants in the first of the series of programmes include 58 students from Grade 1 at Muhyidheen School and children ages 6 and over from the Children’s Shelter.

‘Respect’ will be conducted by foreign consultant Karen Boswell and ARC’s Senior Consultant on Education Fathimath Nahidh Shakir.

Background

A 2012 survey conducted across grades 6 and 7 in all primary schools in capital city Malé, Hulhumalé, and Villingili found that 80 percent of students claimed to have seen another student being bullied or discriminated against, while 61 percent of the participants revealed that they had been bullied themselves.

Of those interviewed, 17 percent admitted to having bullied other students.

Regarding types of bullying, 15 percent noted being physically hurt, 28 percent had rumours and lies spread about them, and 32 percent reported having been teased.

Participants reported that 10 percent of bullying incidents took place near the toilets in school, 14 percent in school playgrounds, 16 percent in corridors, and 37 per cent in classrooms.

Almost half of the bullying victims – 45 percent – did not report bullying incidents to anyone. Of those who did, 49 percent of complaints were made to teachers and 45 percent to parents.

Those surveyed suggested that physical appearance was the primary reason for bullying – 36 percent giving this explanation – while personality, academic performance, and differences of opinion were cited as the next most prominent causes.

The report revealed that children felt bullying could be prevented by anti-bullying policies (19 percent), increased adult supervision (17 percent), and raising awareness of the issue (16 percent).

The ‘Respect’ campaign will stretch through out 2014 and will be held in various preschools, primary, and secondary schools.

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