Day: July 11, 2012

NGOs cite lack of regulation as a key barrier to Maldivian disability rights

Despite having ratified the Convention on the Rights of Persons with Disabilities (CRPD) back in April 2010, the Maldives must provide regulatory reforms ensuring against disability-based discrimination and abuse in local society, according to the International Disability Alliance (IDA).

The IDA, which represents a number of NGOs and charities working with people living with disabilities or mental health issues, has made the claims in a report outlining recommendations for how the Maldives can ensure against discriminating the disabled.

The recommendations note particular concerns such as “the lack of adequate and appropriate services, financial resources as well as specialised, trained personnel” available to children with disabilities to ensure their human rights are not being infringed.

The IDA findings will be among several documents submitted to a hearing of the UN Human Rights Committee (UNHRC) in Geneva on Thursday (July 12).

The report’s views have also been backed by local NGO, the Association for Disability and Development (ADD), which told Minivan News that it continued to hold reservations over a lack of policies outlining education, healthcare and employment rights for local people with disabilities.

An ADD spokesperson this week said that although the CRPD had been certified in the Maldives, a lack of national policy and regulation had meant, “there was nothing that could be done” about protecting the rights of people with disabilities or mental health issues.

“Regulations are needed, but the speed in which this process is happening is just too slow,” the ADD spokesperson claimed. “Disability is an area that has been neglected because politicians see other issues as much more pressing here.”

Ahead of its session with the UNHRC committee tomorrow, the government of President Dr Mohamed Waheed Hassan, has provided responses to the list of issues expected to be raised.

The UNHRC has already identified key issues to be taken up with the Maldives, concerning its International Covenant on Civil and Political Rights (ICCPR) commitments. A document outlining these issues – drawn from the country’s Universal Periodic Review (with submissions from government, HRCM and civil society), was published in August 2011 – prior to the controversial change of government and fresh allegations of police brutality and attacks on journalists.

Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during Thursday’s session to discuss the country’s human rights commitments.

Government view

When questioned yesterday whether the issues raised in the IDA recommendations were expected to be brought up with the delegation at the UNHRC, the President’s Office said the administration’s key focus would be on dealing with allegations put forward by the opposition Maldivian Democratic Party (MDP).

President’s Office spokesperson Abbas Adil Riza told Minivan News that the government would submit its case against allegations raised by the MDP about alleged police brutality. Abbas claimed that these allegations had been “exaggerated” by the opposition.

A number of NGOs, including Redress, the Helios Life Association, the IDA and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.

Speaking last night at a special ceremony held to celebrate the efforts of Maldivians working with people living with disabilities, President Waheed claimed that the state had in recent years been conducting programmes to try and assist the disabled.

“The only we way we can make our society more kind, just and caring is by us all changing ourselves to be more kind and caring towards the disabled. By making the society friendlier towards such individuals,” the president was quoted as having said by the Haveeru news service.

Local media also reported that the president committed to move ahead with establishing a focused Disability Unit under the Ministry of Gender and Human Rights.

Discrimination prevention

From the perspective of the IDA recommendations, the Maldives has been asked to take a number of steps to ratify the UNCRPD and its optional protocol.

These steps include adopting legal measures that would prohibit discrimination against people living with disabilities or mental health issues,  while also preventing the likelihood of them being abused or facing domestic violence.

The IDA also called on the government to provide health care services including mental and reproductive health care to disabled people along with other related services while ensuring the “free and informed consent” of the recipient. In addition, the report also called for authorities to ensure “involuntary treatment and confinement” were not allowed under national laws.

Addressing article 13 of the CRPD, the IDA also called for the provision to disabled people of “effective access to justice on an equal basis with others”.  This would ensure that disabled people could serve both directly and indirectly in the country’s criminal justice system, according to the recommendations.

The Maldives has also been called upon in the findings to repeal restrictions imposed in sections 73 and 109 of the national constitution. These restrictions are said to relate to the disqualification of elected members of parliament or even the president if they are deemed not of “sound mind”.

According to the IDA, the provisions are contrary to international standards on political participation.

“This is confirmed in OHCHR thematic study on participation in political and public life by persons with disabilities, which explicitly states that there is no reasonable restriction nor exclusion permitted regarding the right to political participation of persons with disabilities,” the recommendations stated.

In considering the state report submitted to the UN by authorities n the Maldives, the IDA said that no references were made directly to disability, with the government having instead referred to the Common Core Document submitted on February 16, 2010.

Marginalisation

According to the recommendations, Maldivians citizens living with disabilities are presently believed to be among the “most marginalised” in society, with a study conducted back in 2008 indicating that an estimated 25 percent of disabled children living in Haa Alifu Atoll and Haa Dhaal Atoll never left their homes.

Despite this apparent marginalisation, the IDA pointed to the provision in the 2008 Constitution of Malidves outlawing discrimination of people living with mental health issues or physical disabilities. The constitution also calls for “special assistance or protection to disadvantaged individuals or groups”, the IDA added.

“This provision provides the constitutional basis for a number of steps being taken to promote and protect the rights of disabled persons. The most important of these steps are the formulation of a comprehensive Disabilities Bill and a more specialised Bill on Mental Health,” stated the recommendations.

Disabilities Bill

The IDA said the Disabilities Bill, based heavily around the CRPD and designed in consultation with disabled people living in the country, was devised with provisions for the establishment of a special council charged with compiling a national database of citizens living with disabilities in the Maldives.

The council would also be required to protect the rights of people with disabilities, as well as oversee specialised monitoring centres, addressing complaints and drawing up annual reports.

“The draft law also requires the establishment of special education centres for disabled persons; requires state schools to have facilities for the disabled and to ensure that no disabled person is denied an education. [It also] requires that disabled persons be afforded special protection in the workplace and to ensure that disabled persons are not discriminated against in the job market; and requires that public spaces such as parks and supermarkets provide access facilities, such as ramps, for disabled persons,” the recommendations said.

“Finally, under the bill, the government commits to providing financial assistance of a minimum of US$155 a month to all disabled persons, while persons found guilty of harassing or mocking disabled persons are liable to be fined between US$389 to US$778.”

While initially passed on December 21 2009, the bill faced criticism from organisations including the ADD, the Maldives Deaf Association , Care Society and Handicap International for not being consistent with the CRPD document.

Reacting to these concerns at the time, former President Mohamed Nasheed was said to have vetoed the bill and sent it back to the Ministry of Health and Family on January 6 for revision. It was re-tabled in parliament during 2010, the IDA said.

“A general policy on disability is in its final draft form. The policy has been developed after consulting with persons with disabilities throughout the country. The policy relies on the CRPD as its framework and repeats its general principles, refers to most of the rights in the Convention and includes national monitoring mechanisms in line with the convention,” the recomendatons claimed. “The policy identifies a national coordination mechanism, as well as the Human Rights Commission as the monitoring body – both elements being in line with the CRPD.

Mental health policy

The IDA claimed that a second policy on mental health was also at an initial draft stage. The report claimed that the draft include “positive aspects” such as recognising the need for “informed consent” to ensure that treatments were not being forced upon people with mental health issues.

“It also recognises a paradigm shift from institutional care to community‐based rehabilitation as an important step towards protecting the rights of people with disabilities,” the IDA claimed. “It also outlines an institutional framework that establishes treatment services in the remote areas, thereby increasing accessibility to essential rehabilitative services to those in need.”

Disability awareness

However, the recommendations stressed that disability awareness had been a recent development in the country.  It claimed therefore that children with disabilities had traditionally been kept within families and away from wider society.

The IDA contended that a “social stigma” still surrounded children with disabilities and affected the way they are treated in society, also limiting future employment prospects.

“Local NGOs claimed in 2005 that there were thousands of persons with disabilities due to high levels of malnutrition during pregnancy. The government has established programmes and provided services for persons with disabilities, including special educational programmes for persons with hearing and vision disabilities,” the recommendations stated. “Persons with disabilities are usually cared for by their families, and when family care is unavailable, they are placed in the Home for People with Special Needs, under the [previous] Ministry of Health and Family, that also hosts elderly persons. When requested, the Government provided free medication for all persons with mental disabilities in the islands, but follow‐up care was infrequent.”

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Majlis Committee asks CSC Chair to resign within 14 days for alleged sexual harassment

The Independent Institutions Oversight Committee of the People’s Majlis has asked Civil Service Commission (CSC) President Mohamed Fahmy Hassan to resign within 14 days for alleged sexual harassment, local media has reported.

The police and the Independent Institutions Oversight Committee launched an investigation into the sexual harassment allegations against Fahmy in June after a female senior research officer lodged complaints with the two institutions.

MPs, who wished to remain anonymous, told Haveeru and Sun Online that a majority of the eleven member Independent Institutions Oversight Committee found Fahmy guilty of sexual harassment after summoning and interviewing Fahmy, the victim and several female employees of the CSC.

A vote on a motion urging action against Fahmy was split when five members voted for and against the motion, local media has reported. Chair of the Independent Institutions Oversight Committee Mohamed Nasheed cast the deciding vote, passing the motion to order Fahmy’s resignation within 14 days.

A source, who had knowledge of the committee sitting, confirmed the local media reports to Minivan News, but declined to comment further.

Fahmy and several members of the Independent Institutions Oversight Committee were not responding to calls at the time of press.

Haveeru previously reported that the alleged harassment occurred on May 29. Both Fahmy and the victim were summoned to the committee after a complaint was lodged in the first week of June,the report claimed.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying “It won’t do for a beautiful single woman like you to get fat.”

The alleged victim’s family reportedly called Fahmy about the incident, after which it is claimed he sent a text message apologising for the incident.  Reports at the time alleged the read, “I work very closely with everyone. But I have learned my lesson this time.”

In response to the allegations, Fahmy told Minivan News last month that he believed the female staff member made up the complaint upon finding out she had not won a Singapore government offered scholarship to the CSC.

He alleged the claim was politically motivated, arguing the woman would have otherwise filed the case with the police instead of parliament.

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“No legal barrier” to implement Nexbis system: immigration controller

Controller of Immigration and Emigration Dr Mohamed Ali has said there is “no legal barrier” preventing the implementation of a border control system (BCS) developed by Malaysia-based security solutions firm Nexbis.

Dr Ali told Minivan News today Nexbis could continue with introduction of a new biometric BCS system after the Supreme Court in June invalidated a High Court injunction blocking work on the project in May.

The controller made his comments after Home Minister Dr Mohamed Jameel Ahmed maintained calls in local media to halt the BCS installation, citing allegations of corruption involving the deal.

Dr Jameel claimed a letter requesting work on the project to cease in line with the recommendations of Attorney General Aishath Azima Shakoor and the country’s Anti Corruption Commission (ACC) had been sent to the immigration controller.

“The government is also of the same view pertaining to the continuation of the project. We urge the project be taken forward with the recommendations of the AG and the ACC. As far as I’m aware, it is the stand of the government,” he was quoted as saying by Haveeru.

President’s Office spokesperson Abbas Adil Riza was not responding to calls at the time of press regarding the comments attributed to Dr Jameel.

The legal dispute between the Anti-Corruption Commission (ACC) and Nexbis escalated last week after the High Court ordered police to investigate claims made to the ACC that Chief Judge of the High Court Ahmed Shareef met officials from the company in Bangkok.

The dispute concerns the deployment of a border control system, specifically the installation of an electronic border gate system in Male’s Ibrahim Nasir International Airport (INIA), bringing technological upgrades such as facial recognition, fingerprint identification and e-gates to the Maldives.

The Rf500 million (US$39 million) deal had stalled after the ACC alleged corruption in the bidding process, leading to a ongoing series of high-profile court battles and delays that led the Malaysian firm to threaten legal action against the Maldivian government should it incur losses for the work already done on the project.

In May 2012, the project was brought to a standstill by a High Court injunction and a raid on immigration offices by ACC staff. At the time the Rf10 million (US$650,000) first phase of the border control project had been completed, according to local media reports.

Speaking today, Immigration Controller Dr Ali claimed that, in light of the Supreme Court’s decision to overrule the injunction, Nexbis had continued its work to install the system from where it had previously been halted.

“In the absence of a legal order and unless I get a decision from the cabinet, there is nothing that I can do on this issue,” he said. “The government wanted a biometric system to stop the smuggling and trafficking of people.”

Dr Ali added that with the Maldives having already signed up to conventions pledging to try and more effectively combat Transnational Organised Crime like human trafficking, new systems were needed to help meet these aims.

“From our own experience, we have found people being trafficked back into the country even after they have previously been deported,” the controller claimed.  “A system like this should put a stop to that.”

Trafficking concerns

The Maldives last month featured in the US State Department’s Tier Two Watch List for Human Trafficking for the third year in a row.

Having “not demonstrated evidence of increasing efforts to address human trafficking over the previous year”, the country only narrowly avoided a descent to Tier 3 – the worst category – after presenting a written plan on its commitments, claimed a corresponding US State Department report.

According to the report, implementation of the government’s written plan, “would constitute making significant efforts to meet the minimum standards for the elimination of trafficking.”

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Government decides to take back “some” services from Male’ City Council

President Mohamed Waheed Hassan yesterday announced the government would be taking over “some responsibilities” assigned to the elected Male’ City Council (MCC).

A press statement released by the President’s Office said the decision had been taken on the advice of cabinet to take back some services that are currently provided by the MCC.   These services are now expected to be given to the relevant government ministries.

The statement read: “Despite the legal system of the country [dictating] that several services given from the government to the public are delegated to local councils under the Decentralization Act, the decision of the President with the consultation of the cabinet, comes at a time where several of these local councils are failing to provide these services”

However, the statement did not reveal what services the government decided to take over.

The statement also said it was a constitutional duty of the president under the article 115 of the constitution to ensure that services given by the government are administered properly.

It added that the president wished to ensure such services were given properly, even if it meant taking back those responsibilities from the local councils.

The statement also said that the second reason for the decision was to ensure that the services were provided efficiently and easily as Ramazan was approaching.

“The members of the cabinet in the cabinet meeting highlighted the importance of providing services to the public efficiently and smoothly regardless of any political ideologies,” read the statement.

“Not undermining Decentralization Act”– President’s Office spokesperson

Speaking to Minivan News, MCC member Ahmed Falah said that it had not been informed by the government of a the decision to take back certain responsibilities.

“I am surprised that we haven’t been informed of the decision. Even I came to know about this from the local media” the councilor added.

He also expressed dissatisfaction at the decision, claiming the government intended to undermine the powers given to local councils under the Decentralization Act.

Speaking to Minivan News, Presidents Office Spokesperson Abbas Adil Riza denied Falah’s claims, citing that the council has become “too politicised”

“We are not trying to undermine the Decentralization Act, but how can we delegate responsibilities to a council that does not recognize a legitimate government?  They don’t recognize the government, they don’t recognize the people or the law and they only recognize their salary,” he said.  “They are failing to provide government services that they are supposed to provide for the people.”

Riza further claimed that the government would not stand by when such services were not being provided, and would take action accordingly.

He added that the decision comes at a time when the holy month of Ramazan was nearing and the government intended to “ease up and smooth” the services it provided.

When asked if the government intended to re-delegate the services back to MCC at a later date, Riza said that they would only do so when it deemed the council ‘fit’ to provide services impartially and properly.

“We would hand back the powers back to the council only when we see that they are capable of giving such services impartially and in adherence to the laws of the country,” Riza added.

The MCC, which has a majority representation of Maldivian Democratic Party (MDP) members, and the new government of President Waheed have been at loggerheads after the controversial transfer of power that took place on February 7.

On February 12, MCC passed a resolution stating that the council did not recognise the government of President Waheed and demanded he step down and hold elections in two months.

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US Ambassador “alarmed” by reports of violence as MDP protests continue

US Ambassador to Sri Lanka and the Maldives Patricia Butenis has said she is “alarmed” by reports of police violence during the opposition Maldives Democratic Party’s (MDP) continued protests in Malé.   Butenis claimed intimidation of protesters and attacks on journalists “threaten Maldivians’ freedom of expression and right to information, and only contributes to instability.”

MDP members have meanwhile continued their street protests for a fourth consecutive day. The MDP alleges former President Mohamed Nasheed was ousted in a coup d’etat on February 7, and have held regular protests calling for fresh elections.

Although protests have generally remained peaceful, Monday night saw violent clashes between police and protesters. Over 50 protesters have been arrested since Sunday (July 8), but only 12 remain in police custody at present. Two journalists were also arrested on Monday evening, but released after a few hours in detention.  Private broadcaster DhiTV has meanwhile alleged that one of its presenters was attacked by MDP supporters on Tuesday (July 10) afternoon, whilst the Maldives Journalist Association (MJA) appealed for media representatives to refrain from taking part in opposition protests.

“We call on journalists and the police to behave professionally as they carry out their respective, crucial functions,” Butenis told reporters at a press conference this morning.

Raajje TV has denied accusations its journalists had been directly involved in the protests, claiming that staff had conversely received “various forms of harassment and verbal abuse from the Maldives Police Service” as they attempted to cover the MDP protests held this week.

Butenis also expressed concern over the knife attack which nearly killed blogger Hilath Rasheed. He claims he was attacked because he advocated secularism.

Butenis said the government must protect protesters’ rights to demonstrate peacefully, and urged protesters to work with the state’s human rights protection mechanisms by filing police brutality allegations with the Human Rights Commission (HRCM) and the Police Integrity Commission (PIC).

Butenis also welcomed the reconstitution of the Commission of National Inquiry (CNI) to include a foreign judge and a member to represent former President Nasheed.  The CNI, which was set up by President Dr Mohamed Waheed Hassan to investigate the controversial transfer of power, was reconstituted following international concerns over its impartiality.

The CNI report will inform the decision on whether and when to have early elections, Butenis said, adding that the US government will keep working with President Waheed’s administration in the meantime.

The US government will continue to keep a close watch on the progress of the CNI and the now-stalled all-party talks, she said. In her meetings with President Waheed and former presidents Nasheed and Maumoon Abdul Gayoom, Butenis said she emphasised the importance of the all-party talks and the CNI as a peaceful way forward.

The US government has previously pledged US$500,000 to provide technical support to the Elections Commission (EC) in order to ensure that the next presidential polls meet international standards. The US will also provide a US$20,000 grant to restore pre-Islamic artifacts in the National Museum, which were destroyed by a mob that broke into the building amid February 7’s political turmoil.

A further US$ 7million is currently in use to increase resilience of Dhidhoo and Hinnavaru Islands to climate change. The Ambassador visited Dhidhoo Island yesterday (July 10) to monitor a project to provide sustainable source of drinking water to the island’s 4000 inhabitants.

“It goes without saying that climate change is a major threat to the Maldives, so we’re partnering with the Maldivian government to create solutions that protect its islands,” Butenis said.

She will retire from her position as the US Ambassador to the Maldives and Sri Lanka in August.

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Second consecutive parliament sitting cancelled

Parliament was cancelled for a second consecutive day after the number of MPs required for quorum failed to attend the beginning of today’s sitting.

Speaker Abdulla Shahid announced the cancellation shortly after 9.10am this morning as not enough MPs were found to be present, despite ringing the quorum bell for five minutes.

Yesterday’s sitting was meanwhile called off to allow leaders of parliamentary group leaders and independent MPs to reach an agreement on reworking the composition of standing committees.

Shahid revealed today that discussions were ongoing but a compromise has not been reached so far.

Section 101(b) of the parliamentary rules of procedure stipulates proportional representation in the committees, stating that the number of MPs each party has should be taken as the basis for determining the composition of the 11-member standing committees.

Prior to the defection of three MPs in recent months and disqualification of MP Mohamed Musthafa, the formerly ruling Maldivian Democratic Party (MDP), with its 34 MPs, were entitled to five seats (45 percent) in each committee.

The present reconstitution of committees was triggered by Maradhoo MP Hassan Adhil leaving MDP to join the government-aligned Jumhooree Party (JP). Adhil was officially registered as a JP MP this week.

Meanwhile, on the recurring issue of loss of quorum halting parliament sittings, Speaker Shahid said today that he would consult parliamentary group leaders concerning amendments to regulations that would allow sittings to proceed with a lower quorum.

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Vice President celebrates 50 years of broadcasting, CPJ condemns “backslides” on press freedom

The Maldives this week launched official celebrations to mark the 50th anniversary of broadcasting within the nation, as one international press freedom association raised concerns over national commitments to independent media.

Vice President Waheed Deen on Monday (July 9) launched what is expected to be a series of “golden jubilee” celebratory events to commemorate the beginning of national broadcasting on December 29, 1962, according to the President’s Office website.

Speaking at a ceremony to unveil a new logo and song that will be used to publicise a half century of state radio broadcasts under the Voice of Maldives (VOM) service, the vice president played up the importance of providing factual information to the public and giving “both sides of a story”.

Deen – owner of the Bandos Island Resort and Spa – also used his speech to play up that the Maldives must keep in mind that it remained as Islamic nation when addressing issues of development and advancement, the President’s Office added.

The Vice President’s comments were made as international non-profit organisation, the committee to Protect Journalists (CPJ), alleged concerns that press freedom was “deteriorating” under the present government of President Dr Mohamed Waheed Hassan.

“Reports of police brutality against journalists amid political chaos, and a vicious attack for writing about religious tolerance, are disturbing signs that the Maldives is backsliding on press freedom,” CPJ Senior Researcher Madeline Earp wrote on the organisation’s blog.

“[The president] must ensure that journalists are free to report if he wishes to distance himself from [Maumoon Abdul] Gayoom’s legacy and stabilise the nation for elections.”

Just yesterday, the Maldives Journalist Association (MJA) condemned the opposition Maldivian Democratic Party (MDP) for “obstructing” reporters and appealed for media representatives to refrain from taking part in protests.

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