July 18, 2011 – Minivan News

HRCM sends report to UN Human Rights Committee

Endemic sexual violence against women and children, violent crime, abuse of migrant labourers and a persistent culture of torture in detention facilities are among a catalogue of serious issues facing the country, the Human Rights Commission of the Maldives (HRCM) has informed the UN Human Rights Committee.

The document summarises areas relevant to the International Covenant on Civil and Political Rights (ICCPR), which the Maldives acceded to in 2006. It heavily references the Maldives Journalists Association (MJA) and several news sources, including Haveeru and Minivan News, with little reference to primary research conducted by HRCM itself.

Violence against women

“One in five women between the ages of 15 and 49 years reported physical or sexual violence by a partner, and one in nine reported experiencing severe violence,” HRCM noted, referencing a 2006 study by the then Ministry of Gender and Family.

“One in six women in the capital Male’ and one in eight countrywide reported experiencing childhood sexual abuse under the age of 15 years. Of those women between the ages of 15 and 49 years who had ever been pregnant, 6 percent reported having been physically or sexually abused during pregnancy,” it cited.

“The survey further reported that many respondents’ perceived women to be subordinate to men, and that men used Islam to justify restrictions and violence against women.”

Parallel to this, HRCM observed a particularly low conviction rate for rapists and sexual assault offenders.

Reasons for this, the report claimed, included “the absence of an Evidence Act, the lack of witness protections provisions and fear of reprisals by abusers, finding witnesses (two male or equivalent women), awareness on the side of the victim regarding the condition that she should be in while reporting, such as not showering before consulting medical personnel, lack of national guidelines on medico-legal documentation, failures of existing laws and procedures leading to re‐victimisation of the victim, and intimidation of being stigmatised by the community.”

Forced labour

Abuse of migrant workers in the Maldives is occurring on an industrial scale, with at least 30,000 foreign workers (8-10 percent of the total population of the country), completely undocumented. Most of these are Bangladeshi nationals, with 2200 of those 2700 migrant workers deported in 2009 by the Department of Immigration and Emigration of Bangladeshi origin, HRCM noted.

“The State needs to enforce existing regulations relating to work place standards and regularly monitor the same,” the report noted. “In addition, the state should develop a mechanism whereby the wages to the workers are duly paid and the travel documents of migrant workers are not held in hands of employers in order to eliminate the undue influence by employers on the migrant workers to work in unfavourable conditions, including forcing them to do labour against their will.”

Documents of migrant workers such as passports were routinely confiscated by employers, the report stated.

“In the Maldives, it is a practice to take hold of the passport of the migrant worker by his/her owner for the intention of safe keeping, and this applies to both government and private sector together with the individuals,” HRCM said.

HRCM observed that the maximum fine facing labour traffickers for fines under the Employment Act was Rf 5000 (US$324). It noted that the Maldives had conceded to ratify the International Convention on Protection of Rights of All Migrant Workers and Their Families (ICPRMWF).

Violent crime

HRCM noted six crime-related deaths in 2010 and eight in 2009, and stated that this was high relative to the population.

“It is to be noted that most of the people who are involved in cases of extreme violence, and murders are repeat offenders (sometimes juveniles) providing clear evidence into the failure of the criminal justice system in the country,” HRCM stated.

Factors involved, the report noted, included “inadequate legislation pertaining the criminal justice system, such as a Penal Code does not reflect the spirit of the present Constitution, inadequate legislation pertaining to evidence and witnesses, dismissal of forensic evidence by courts, absence of a witness protection program and inadequate correctional and rehabilitation system for convicted offenders.”

Detention concerns

Visits from the National Preventive Mechanism (NPM) to Dhoonidhoo Police Custodial in March 2011 identified that five detainees had been kept in solitary confinement cells for periods ranging from several days to up to four months, without being let outside for exercise, HRCM stated,

HRCM also raised concerns about the standard of a “hastily built” jail in Addu Atoll in 2009, consisting of metal cages, to accommodate prisoners following a prison fire in Maafushi, and the confiscation of clothing as a disciplinary measure.

HRCM noted a general failure to keep arrested suspects separate from convicted criminals, and commented on the use of Maafushi prison as a police custodial.

The report also stated that “a high profile politician, Mr Abdulla Yameen, was held under protective police custody for a short period in 2010 in a place outside the formally established places for police custody” (Yameen, the leader of the opposition-aligned People’s Alliance and the former President’s half-brother, was detained in the Presidential Retreat at Aarah).

HRCM expressed concern that “in the case of Mr Yameen, he has not been compensated so far [for his detention on the Presidential Retreat].”

Read the full report

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Resort staff arrested in Addu for premarital sex

Police have arrested a 36 year-old Maldivian man and a 33 year-old Thai woman for premarital sex, both of them staff at Herethera Island Resort in Addu Atoll.

Police Sub-Inspector Ahmed Shiyam said the pair were arrested last Thursday following a complaint received by police.

”Both of them have been arrested and are in police custody,” Shiyam said, noting that the pair were arrested on charges of sexual misconduct.

”They were not arrested while they were on Herethera Resort, but while they were on an island in Addu Atoll.”

He said police were currently investigating the matter.

Local media reported that an islander alerted police and when police officers attended the scene the couple were involved in sexual activity.

An islander told newspaper Haveeru that the individuals were involved in a relationship and used to visit the house they were arrested inside very frequently.

Staff at Herathera declined to comment in the absence of the general manager, who was overseas at time of press.

Under the 1968 Penal Code the penalty for premarital sex is 100 lashes. A updated Penal Code has been at committee stage in parliament for more than a year.

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PA split from DRP forces reworking of committee composition

Speaker Abdulla Shahid urged parliamentary group (PG) leaders today to agree upon a revised composition for standing committees by the end of the day, following official notice of the People’s Alliance’s (PA) split from the main opposition Dhivehi Rayyithunge Party (DRP).

“Due to this change, according to the rules of procedure we have to carry out the task of allocating members to the Majlis’ standing committee,” he said, appealing for the parties to determine the composition by the end of the day. “A month and a half of this session has passed without any committees functioning.”

Shahid noted that with the opposition coalition dissolved, 24 MPs remained to the DRP after the departure of PA’s seven MPs.

Article 101(b) of the parliamentary rules states the number of MPs each party has “should be taken as the basis” for determining the composition of committees.

Prior to the split, the combined strength of the DRP-PA entitled the opposition coalition to 39 percent of each of the 11-member committees, or four seats in each committee.

The ruling Maldivian Democratic Party (MDP) with its 34 MPs meanwhile commands five seats (45 percent) in each committee.

MP Ibrahim ‘Ibu’ Mohamed Solih, parliamentary group leader of the MDP, told Minivan News that PG leaders met today and “have reached an agreement.”

“I hope that it will be announced tomorrow,” he added.

Ibu Solih revealed that the ruling party had not demanded control of specific committees.

“In some committees, we have even let go of one of our five seats,” he said. “In any case, I hope the decision will be announced tomorrow.”

Much of the current parliament session that began in June has been consumed by disputes over committee composition, which was sparked by the defection of opposition MPs to the ruling party during the May recess.

The committee reshuffle was necessitated when the MDP became the majority party with 34 seats.

As all eight Independent MPs had a voting record favoring either the government or opposition, the parties had to agree upon which Independent MP would sit on which committee.

After weeks of forced cancellations and wrangling at the negotiation table, parliamentary group leaders reached a compromise to allow the opposition to retain control of the influential Public Accounts Committee and Government Oversight Committee.

The ruling party meanwhile won provisional control of the coveted ‘241’ Security Services Committee with MPs Ismail Abdul Hameed and Ali Mohamed chosen among three Independent MPs on the committee.

MPs of the DRP’s breakaway Z-faction however objected to both the compromise and the nature of the sitting where it was voted through, vowing to disrupt future sittings in protest.

Defending the party leadership at the time, DRP MP Rozaina Adam told press that the party had “sacrificed” its slots on some committees to allow Independents and DQP MP Riyaz Rasheed to have a seat.

Rozaina explained that two of the Independent MPs on the 241 committee were “two MPs that both sides believe to be neutral.”

Revised composition of the most influential standing committees as agreed upon on July 5,

Public Accounts Committee – five seats for MDP; four seats for DRP-PA; one seat for Dhivehi Qaumee Party (DQP); Eydhafushi MP Ahmed “Redwave” Saleem as the Independent MP

Economics Committee – five seats for MDP; three seats for DRP-PA; one seat for Jumhooree Party (JP); one seat for DQP; Kaashidhoo MP Ismail Abdul Hameed as the Independent MP

Independent Institutions Committee – five seats for MDP; five seats for DRP-PA; Kulhudhufushi South MP Mohamed Nasheed as the Independent MP

Government Oversight Committee – five seats for MDP; five seats for DRP-PA; one seat for JP

National Development Committee – five seats for MDP; five seats for DRP-PA; Meedhoo MP Ahmed Shiyam Mohamed as the Independent MP

National Security Committee – five seats for MDP; four seats for DRP-PA; Dhuvafaru MP Mohamed Zubair and Guraidhoo MP Ibrahim Riza as the Independent MPs

Ethics Committee – four seats for MDP; four seats for DRP-PA; one seat for JP; Meedhoo MP Ahmed Shiyam Mohamed and Kudahuvadhoo MP Ahmed Amir as the Independent MPs

’241′ Security Services Committee – four seats for MDP; two seats for DRP-PA; one seat for JP; one seat for DQP; Guraidhoo MP Ibrahim Riza, Velidhoo MP Ali Mohamed and Kaashidhoo MP Ismail Abdul Hameed as the Independent MP

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Some 8,600 businesses registered at MIRA

Some 8,600 businesses have registered at the Maldives Inland Revenue Authority (MIRA) ahead of the introduction of business profit taxes, which came into effect today.

Newspaper Haveeru reports that MIRA has decided on the advice of the Attorney General’s Office (AGO) to consider the first tax year to begin on July 18, 2011 and end on December 31, 2011. The Business Profit Tax Act stated that taxation would begin six months after the legislation was ratified, with the deadline falling on July 18.

Commissioner General of Taxation Yazeed Mohamed explained that the first tax payment would be due before January 31, 2012. Businesses would have the option of paying taxes in full or in installments.

Businesses making an annual profit in excess of Rf500,000 would be required to pay 15 percent of profits above that amount as taxes.

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“Maizan” Ali Manik elected Male’ City Mayor

Members of the Male’ City Council elected Hulhu-Henveiru Councillor “Maizan” Ali Manik (Alibe) to the vacant post of mayor today with ten votes from the 11-member council.

Former head of the Male’ municipality “Sarangu” Adam Manik had resigned as the first mayor of Male’ earlier this month, following a no-confidence motion instigated by fellow councillors from the ruling Maldivian Democratic Party (MDP).

The Male’ City Council has nine MDP councillors and two opposition Dhivehi Rayyithunge Party (DRP) councillors.

Following his election today, Alibe told Sun Online that the council would restart stalled projects in the capital.

The new mayor said that his first priority would be implementing the government’s flagship “Veshi Fahi” Male’ decongestion programme.

Alibe revealed that former Mayor Adam Manik had assured him of full cooperation as the new chair of the city council.

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Police reopen Innamaadhoo council office

Police have reopened the council office at Raa Atoll Innamaadhoo a day after angry islanders locked the office in protest.

Sun Online reports that islanders nailed wooden panels to the council office door at about 7:00pm last night door in protest of the council’s failure to heed repeated request by parents of preschool children to shut down carpentry workshops near the island’s preschool.

The parents had complained that fibre and wood dust from the boat sheds were being blown into the preschool. However the council was allegedly in talks with the workshop owners to extend leases.

Sub-Inspector Ahmed Shiyam said that police reopened the office after employees were unable to enter this morning and requested police assistance.

He added that the matter was currently under investigation.

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Bill on discontinuing state benefits to ex-Presidents rejected

An amendment proposed to the Protection and Privileges for former Presidents Act by MP Mohamed Musthafa of the ruling Maldivian Democratic Party (MDP) was rejected 37-32 at today’s sitting of parliament.

In his closing statement after the debate on the parliament floor, Musthafa said that he did not have “anything more to say about this bill.”

“What I want is for those who have ruled this country to receive benefits and for them to stay silent at home under protection,” he said. “[I want] to give them benefits and for them not to come out to the street and act like children.”

In March this year, a leaked phone call between Musthafa and Deputy Speaker Ahmed Nazim emerged in the local media, suggesting a secret relationship between the MDP MP and embattled Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali.

Musthafa explains in the leaked audio that while he did not believe that former President Gayoom deserved financial benefits after returning to active politics, he had considered withdrawing the bill but was dissuaded from doing so by Thasmeen.

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DRP Leader Thasmeen “failed as majority leader”: MP Mahlouf

MPs of the opposition Dhivehi Rayyithunge Party’s (DRP) Z-faction are in the process of joining forces with minority opposition parties People’s Alliance (PA), Jumhooree Party (JP) and Dhivehi Qaumee Party (DQP) to form a new “opposition parliamentary group.”

After months of internal strife within the DRP, coalition partner People’s Alliance (PA) broke its agreement with the largest opposition party this week at the behest of the Z-faction, threatening DRP Leader Ahmed Thasmeen Ali’s status as the minority leader of parliament.

Formerly the majority leader, Thasmeen became minority leader at the beginning of the current parliament session in June when the ruling party secured 34 seats, making the parliamentary group leader of the Maldivian Democratic Party (MDP), Ibrahim Mohamed Solih, the new majority leader.

Z-DRP MP Ahmed Mahlouf told Minivan News that the new parliamentary group will consist of MPs from PA, JP, DQP and a few Independent MPs along with about 11 DRP MPs disaffected with Thasmeen’s leadership.

“We will appoint a leader and deputy leader for the new parliamentary group very soon,” he revealed.

The DRP MP for Galolhu South added that embattled DRP Leader Thasmeen was “welcome to join” the new group.

“But it was Thasmeen’s failure that led us to form this opposition parliamentary group, he failed us as the Majority Leader,” Mahlouf said.

Mahlouf told Minivan News yesterday that 11 of the party’s MPs met with MPs of the minority opposition parties and an independent MP Saturday night “to discuss how to move forward.”

Parliamentary procedure prevented the Z-DRP MPs from forming a new party, Mahlouf claimed, but he speculated that the MPs would potentially leave the main opposition and operate either as independents, or join one or other of the opposition aligned parties.

If that scenario were to happen, the DRP would be reduced to 13-15 MPs and Thasmeen would no longer be minority leader, as the the new opposition PA-JP-DQP alliance would number 21-22 MPs.

Thasmeen has meanwhile hit out at the PA’s decision this week to split with the DRP. The PA had claimed lack of cooperation and “initiative” by the DRP leadership in holding the government accountable as the main reason for the decision.

The DRP leader told local media this week that the PA had to “take responsibility for the weakening of the opposition” due to the dissolution of the coalition.

Appearing on private broadcaster DhiTV last night, PA Leader Abdulla Yameen however contended that the termination of the coalition agreement did not entail “any disadvantage or loss to opposition parties.”

Yameen, half-brother of former President Maumoon Abdul Gayoom and potential presidential candidate for 2013, explained that the party would still vote with the DRP to hold the government accountable.

“PA did not break the coalition to support MDP,” he said. “PA parted ways [with the DRP] because we believe that under our new management we can improve efforts to hold the government accountable.”

The opposition MP for Mulaku noted that six months had passed since the PA announced its decision not to follow the DRP’s whip line.

He added that the PA had voted with the DRP “91 percent of the time.”

Yameen said that “any weakening of the opposition” occurred “when the DRP-PA coalition was at its strongest.”

“The opposition parties were weakened when the [concession agreement to hand over management of the Male’ International Airport to Indian infrastructure giant] GMR issue emerged,” he claimed. “I was arrested. [JP Leader] Gasim [Ibrahim] was arrested. Where was DRP then? What hardship did they have to bear? No DRP senior officials were arrested.”

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Z-DRP requests PG investigate MDP MPs’ “act of terrorism”

Opposition MPs met with Prosecutor General (PG) Ahmed Muiz today to request criminal charges be pressed against MPs of the ruling Maldivian Democratic Party (MDP) for bolting the chamber doors and “hijacking parliament” on July 13.

Speaking to press outside the Prosecutor General’s Office, MP Ahmed Mahlouf said that the opposition MPs considered the incident an “act of terrorism” and “a serious criminal offence.”

“In addition, because neither the army nor police took any action against MDP members protesting outside the parliament building, where gatherings are illegal, we also submitted that complaint,” he said.

He added that the MPs requested an investigation into MDP activists locking parliament gates with chains “as a serious issue.”

Speaking to Minivan News today, MP Ibrahim ‘Ibu’ Mohamed Solih, parliamentary group leader of the ruling party, said that the opposition MPs’ decision to take matters up with the PG was “regrettable.”

“There are internal arrangements [within parliament] to deal with such matters,” he explained. “If there was an issue of privileges or ethics, we have a privileges committee and an ethics committee that can investigate [complaints].”

Ibu Solih insisted that there was no criminal element to the disturbances in parliament last week.

Z-DRP MPs Mahlouf, Ilham Ahmed, Ali Arif and Ahmed Nihan were joined at the meeting this afternoon by MPs of the minority opposition Jumhooree Party, People’s Alliance and Dhivehi Qaumee Party.

Mahlouf told reporters that “rocks and water bottles” hurled into the building caused harm to both MPs and officers of the Maldives National Defence Force (MNDF).

He claimed that PA MP Abdul Raheem Abdulla was hit by a rock while an MNDF officer’s eyes were “seriously hurt” by a projectile.

The DRP MP for Galolhu South noted that neither the MNDF nor police moved to offer protection to Deputy Speaker Ahmed Nazim “an hour and a half after the hijacking.”

“After the sitting finished, for the security forces to stand by and do nothing while the Deputy Speaker and MPs were hijacked in there is a very serious problem,” he said.

Asked if any MP was directly prevented from leaving the chamber that day, Mahlouf said that he “tried to get out [of the chamber] but couldn’t do it.”

“My grandmother was at the ICU at the time and I couldn’t go there,” he said. “We couldn’t even go to the toilet. We have videos of all of this and we have even shared some with the media.”

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