Tag: UNHRC

Police used excessive force against demonstrators, says HRCM in UPR report

Police used disproportionate force against demonstrators during street protests in the aftermath of the transfer of power in February 2012, states the Human Rights Commission of Maldives’ (HRCM) Universal Period Review (UPR) report.

“HRCM observed during dispersal of demonstrations [Maldives Police Service] used disproportionate force which was at times discriminatory towards political parties, excessive and disproportionate use of pepper spray at protestors, inconsistency in issuing warnings before dispersal and obstruction of media,” reads the report.

“It was evident that some demonstrators were subjected to torture at the time of arrest.”

In June 2012, the Maldives Police Service (MPS) denied allegations of police brutality by Amnesty International, which had condemned the “excessive use of force” against demonstrators.

Amnesty’s statement followed its investigation of a police crackdown on a Maldivian Democratic Party (MDP) protest against the dismantling of the opposition party’s Usfasgandu protest camp on May 29 – a crackdown which included “beatings, pepper-spraying, and arrests”.

“Those attacked include peaceful demonstrators, members of parliament, journalists and bystanders,” said Amnesty.

The HRCM meanwhile recommended “action against officers who violate the laws, eliminating room for impunity.”

Last month, Attorney General Mohamed Anil told parliament that five police brutality cases from February 2012 were ongoing at court.

While it had concluded that the transfer of presidential power was constitutional, the Commonwealth-backed Commission of National Inquiry had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the HRCM concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

Torture and prisons

The HRCM revealed in the UPR report that a total of 304 torture allegations were filed at the commission, “of which 74 allegations have been investigated from 2010 to July 2014.”

“However, none of these cases were sent to prosecution due to lack of enough evidence to prove them in a court of law,” the report stated.

On pressing issues concerning the prison system, the report highlighted “the lack of categorisation, unavailability of rehabilitation and reintegration programs, unnecessary strip‐search and disproportionate disciplinary measures towards male prisoners and minors.”

“In custodials, issue of overcrowding, handcuffing for indefinite periods, extended detention for investigation purposes and failure to collate data in a systematic way are areas suggested for improvement over the years,” the report noted.

“In the only psychiatric institution of state, despite continuous recommendations for change, geriatric patients and patients enduring mental illnesses and [persons with disabilities] are accommodated without proper categorisation. Institution for children under state care is heavily under‐staffed. Inappropriate disciplinary measures against children under de facto detention persist in most institutions sheltering juveniles.”

Gang violence and juvenile justice

The HRCM also noted that gang violence and murders “increased at an alarming rate” in recent years.

“A study shows that many of these gang related violence are linked to politicians or business persons who pay gangs to carry out violent acts. Yet, state has been unsuccessful in effectively addressing this issue. So far 21 murder cases were recorded since 2010, most of which were gang related,” the report explained.

The reasons why youth join gangs include the “search of identity and protection” and unemployment, the report noted.

“With criminal records or inability to exit gang life makes it difficult for youth to find employment, rehabilitation opportunities and remain stigmatised by society,” the report stated.

“Although, human resource, rehabilitation and support programs remain limited for proper functioning of a juvenile justice system; the lack of political will along with resource constraints impacts addressing these issues.”

Referring to new regulations on enforcing death penalty, which allow minors convicted of murder to be executed once they turn 18, the HRCM called on the state to “abolish death penalty for minors.”

“The age of criminal responsibility is 15 years and minors can be held for hadd offence,” the report explained.

“Bills such as Criminal Procedure Code, Evidence Bill and Witness Protection needs to be enacted and state is yet to establish an independent forensic institution to provide accurate information to make an impartial decision on matters concerning administration of death penalty.”
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HRCM raises concern over growing religious conservatism in Universal Period Review

The Human Rights Commission of Maldives (HRCM) has submitted its Universal Period Review (UPR) report to the United Nations Human Rights Council (UNHRC), raising concerns over a growing tide of religious conservatism.

“There are roughly 400 children being withheld from attending school by their parents due to religious beliefs,” revealed the report made public yesterday, referring to an estimate from the education ministry in a 2011 assessment by the HRCM on child participation.

In a section titled ‘religious extremist ideologies,’ the HRCM referred to “reports of unregistered marriages encouraged by some religious scholars claiming that registering marriages with the courts are un‐Islamic and unnecessary.”

“State institutions acknowledge this information and raised concerns that children born to such marriages could face serious legal issues. Similarly women in such marriages are bound to face social and legal consequences,” the report stated.

“Conservative beliefs that promote women as inferior to men are being spread at an alarming level. Many women believe that their role in society is to be submissive wives and in raising children.”

In addition to outlining 18 thematic areas, the report provides updates on implementation of recommendations of the first UPR review in 2010, the HRCM noted.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs and human rights commissions. The Maldives’ review is scheduled to take place in April or May 2015.

Conservatism

“Increase in religious conservatism, cultural norms and stereotypical roles depicted by society inhibit women’s equitable participation in public life,” reads the section on women’s rights.

“Women remain under represented in all branches of the state and efforts to secure legislative quotas remain unsuccessful.”

The enforcement of the anti-Domestic Violence (DV) Act was meanwhile hampered by absence of procedures, inconsistencies in application by institutions, and “lack of sensitivity among law enforcement and judiciary”.

The police also failed to meet a legislative deadline on submitting a report to the family protection agency (FPA), the report noted.

“Limited capacity of investigators and their belief that such cases are family matters inhibit victims from getting redress,” it continued.

“FPA with a mandate to combat DV is not provided with necessary financial and human resources. Reporting of DV cases remain low as a result of lack of confidence in the system, fear of intimidation by perpetrators, stigmatisation and inadequate information on protection measures. There is no proper reintegration mechanism.”

Despite reports to the contrary from the state for the mid-term assessment of implementation of UPR recommendations, the HRCM said there were “no strict punishments to perpetrators of DV”.

The report observed that children born out of wedlock faced discrimination.

“Paternity testing is not admissible evidence in court and such a child would be denied father’s name, inheritance and child maintenance,” it stated.

While most reported cases of child abuse did not result in convictions, victims often “remain re‐victimized due to systemic failures” including “delays in obtaining evidence and overly strict evidentiary requirements.”

“The legal age of consent, along with societal attitudes to treat child abuse as private matter or to force child abuse victim to deny testimony in court to protect family honour as perpetrator is usually a family member providing financial support are factors that cannot be disregarded,” it explained.

“Moreover, state has fallen short to publish child sexual offender‘s registry. Additionally, overall functioning of victim support system is effected due to a weak child protection system that is under resourced, with inconsistencies in capacity and coordination.”

The report also noted that child marriages were registered in some cases as “the Family Act allows marriage of minors under specific conditions.”

Children were also “involved in commercial sex work,” the report noted.

“Many children migrate to Malé from atolls for education, remain vulnerable to domestic servitude and sexual harassment by host families,” the report stated.

Civil and political rights

The report noted the absence of laws to guarantee freedom of expression despite its assurance in the Constitution.

“Parliament Privileges Act can be used to force journalist to reveal their source, which could undermine the constitutional protection that journalists currently enjoy,” the report observed.

“There have been many reports of death threats to media persons and parliament members. State is yet to take realistic action to address these threats. The recent disappearance of Ahmed Rizwan Abdullah, a journalist and human rights advocate is of critical concern.”

The HRCM also raised concerns regarding the Freedom of Assembly Act, including “provisions of geographical limitations, lack of guidance on control of counter assemblies and requirement to accredit reporters.”

Human rights NGOs have faced intimidation from the state, it continued, while worker’s association perform the role of trade unions.

“Union members face numerous difficulties in exercising collective bargaining, tripartite consultations and work stoppage, as proper legal mechanism is not in place for dispute resolution,” the report stated.

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International concern over missing journalist grows while threats continue

Politicians and journalists have continued to receive death threats as international groups express concern regarding the disappearance of journalist Ahmed Rilwan 12 days ago.

“We call upon all parties to refrain from threatening media activists for performing their professional duties,” read a statement released by the Office for the United Nations Commissioner of Human Rights yesterday.

The statement also expressed concern at Rilwan’s disappearance while hoping for a prompt resolution to police investigations.

“We also urge the relevant authorities to address any threats and intimidation directed at journalists and other civil society activists and to do their utmost to ensure that they are able to operate without fear for their safety.”

Meanwhile, a text message sent to Minivan 97 journalist Aishath Aniya at 12.20pm today, from a sender identified as ‘ISIS’, read as follows:

“You are next on our hit list. Be careful when you walk alone. #fuckmoyameehaa.”

Maldivian Democratic Party (MDP) MP Mariya Didi also reported a threat, apparently received from the same sender at 12:25pm warning, “we will not hesitate to disappear you. Have you forgotten you have a small daughter?”

Both politicians and journalists reported receiving threats earlier this month, with Rilwan himself reporting on the latter threats.

Representatives of Minivan News in Colombo met today with diplomats representing Australia, Germany, the Netherlands, France, Canada, Switzerland and representatives from the EU delegation regarding Rilwan’s disappearance.

Growing concern

Evidence obtained by Minivan News strongly suggests Rilwan, known as @moyameehaa on Twitter, may have been abducted. Security experts have suggested he was targetted as a result of his activities as a journalist and micro-blogger.

The Home Ministry has updated local media today on the progress of the investigation, with Home Minister Umar Naseer assuring that 40 of the country’s best officers were working on the case.

Yesterday also saw further statements on Rilwan’s case from the International Federation for Journalists (IFJ) with the South Asia Media Solidarity Network (SAMSN) and the Committee to Protect Journalists (CPJ).

The IFJ and SAMSN noted that Rilwan’s disappearance had come “at a time of increased tension in the Maldives with a spike in threats against the media by criminal gangs and religious extremists in recent weeks.”

A number of abductions and attacks targeting perceived secularists and homosexuals were reported prior to the Ramadan period, with a rise in gang violence following the Eid holidays.

“The disappearance of Ahmed Rilwan has now become a matter of grave concern as his whereabouts have not been known for 11 days. We urge the Maldivian government and concerned agencies to do everything possible to find him,” read the joint statement.

The IFJ and SAMSN comprise all major journalists’ trade unions and press freedom organisations in South Asia.

“Critical time has been lost in the search for Ahmed and if the government hopes to ensure journalists can continue in their duties to report freely and without fear in the Maldives.”

“For the sake of Ahmed’s family and media freedom, the circumstances of his disappearance must be determined as a matter of urgency and if there has been misadventure or deliberate intervention, then every effort must be put to locate those responsible,” the statement continued.

Additionally, the New York-based CPJ noted that Rilwan had been particularly critical of local politicians and Islamists, urging a thorough investigation.

“We are deeply concerned for the well-being of our colleague Ahmed Rilwan Abdulla,” said CPJ Deputy Director Robert Mahoney.

“We urge the authorities to leave no stone unturned in their efforts to find him.”

Reporters Without Borders have already lent their voice to calls for an expedited search for the 28-year-old human rights advocate.

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UNHRC votes to extend mandate of UN Special Rapporteur on Iran, Dr Ahmed Shaheed

The United Nations Human Rights Council (UNHRC) has extended the mandate of Dr Ahmed Shaheed as UN Special Rapporteur on Iran.

Shaheed, who also held the post of Maldives Minister of Foreign Affairs, was voted in with 26 votes in favour, 2 votes against and 17 abstentions during a UNHRC session in Geneva, Switzerland.

Shaheed has been previously refused access into Iran by Iranian authorities in order to investigate the country’s human rights situation, after the government accused him of accepting bribes from the United States.

Dr Shaheed presented his most recent report to the council on March 2013. Despite not being allowed into Iran, the Special Rapporteur has conducted 409 interviews “with primary sources located inside and outside the country.”

According to the report, 169 interviews were between September and December 2012 for the March 2013 report.

The report highlights “continued and widespread systemic and systematic violations of human rights in the Islamic Republic of Iran. Moreover, a lack of government investigation and redress generally fosters a culture of impunity, further weakening the impact of the human rights instruments Iran has ratified.”

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Waheed government submits bill to facilitate death penalty

The government has announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

“It is currently a punishment passed by the judiciary and a form of punishment available within the penal system of the Maldives,” said Home Minister Dr Mohamed Jameel Ahmed.

“But for full guidance and matters governing the matter, legislation is required,” he added.

A meeting of the cabinet yesterday strongly condemned last week’s murder of MP Dr Afrasheem Ali and urged President Dr Mohamed Waheed Hassan to start taking immediate measures to ensure safety and security in the country.

President’s Office spokesman Masood Imad said that the government had received a large number of calls for implementing the death penalty.

“We are having enormous pressure since these high profile murders,” he said. “We have indications – the talk around the town – that there will be more murders.”

The Maldivian Democratic Party (MDP) has this week proposed a no-confidence motion against the home minister, citing the unprecedented instances of murder and assault in the country since he assumed office in February.

Afrasheem’s murder was the 10th in the small country this year, sparking much debate on the death penalty.

Following the murder of high profile lawyer Ahmed Najeeb on July 1, two people were sentenced to death after Najeeb’s heirs opted for qisas (equal retaliation) rather than blood money.

Public outcry over Najeeb’s murder prompted Chief Justice Ahmed Faiz to declare that full enforcement of the courts’ rulings is necessary to maintain the effectiveness of the judiciary.

A case was submitted to the High Court in August, requesting that it annul the President’s ability to commute death sentences to 25 years imprisonment, provided in the Clemency Act.

Similarly, in April Ahmed Mahloof – parliamentary group member from the government-aligned Progressive Party of the Maldives (PPM) – proposed an amendment to the Clemency Act to ensure that the enforcement of the death penalty be mandatory in the event it was upheld by the Supreme Court.

In a comment piece written for Haveeru following Najeeb’s murder, however, Special Advisor to the President Dr Hassan Saeed warned that implementing the death penalty could be both arbitrary and prohibitively expensive.

Judiciary and human rights

The last execution in the Maldives came in 1953 when Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Since that time, the Maldives has retained the practice of the death penalty for murder although Islamic Shariah tenets also give the courts the power to pronounce capital punishment for offences such as sodomy, fornication, apostasy and other crimes against the community.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

Jameel said that there was to be no re-consideration of the Clemency Act but that “necessary reform to legislation governing the criminal justice system will be undertaken by the government.”

Concerns over the judiciary were confirmed in the Commission of National Inquiry (CNI) report which investigated the events surrounding the resignation of former President Mohamed Nasheed in February.

The final report recommended that immediate steps be taken to improve the performance of the judiciary.

“The judiciary must enjoy public confidence and where there are allegations about judges’ conduct, the Judicial Services Commission must act in a timely and definitive way and report,” read the report.

Aishath Velezinee, formerly Nasheed’s appointee to the Judicial Services Commission (JSC), has said that corruption and an unreformed judiciary were the primary causes of crime in the country.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she told Minivan News in a previous interview.

In July, the UN Human Rights Council (UNHRC) said it was “deeply concerned about the state of the judiciary in the Maldives,” as well as calling for the abolition of the death penalty, in order to ensure the Maldives’ compliance with International Covenant on Civil and Political Rights (ICCPR).

After speaking with a Maldivian delegation headed by Jameel, the council released a statement saying that the state had acknowledged both that the independence of the judiciary was severely compromised and that the death penalty did not deter crime.

Today marks World Day Against the Death Penalty – organised by an alliance of more than 135 NGOs, bar associations, local authorities and unions seeking the universal abolition of capital punishment.

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Self-exiled blogger Hilath speaks at UN Human Rights Council

Maldivian journalist and blogger Ismail ‘Hilath’ Rasheed last week spoke at the United Nation’s Palace of Nations during the 21st session of the Human Rights Council (HRC).

In a side event dedicated to the Maldives, Hilath spoke of his fears of rising fundamentalism in his home country and called for the international community to keep a close watch on the Maldives to ensure the protection of human rights and democratic freedoms.

“Maldives may be a small country but it is not insignificant. It lies at a strategic crossroads and the cultural and political invasion of Maldives by Saudi-funded Wahhabi extremism will definitely have regional and global repercussions,” said Hilath.

Hilath was forced to flee the Maldives earlier this year after an assassination attempt left him within millimetres of death when a group of men slashed his throat just yards from his home in Male’.

Hilath later attributed the assassination attempt to Islamic radicals who had threatened his life on numerous previous occasions.

As well as making international headlines, Hilath’s case has been championed by both Reporters Without Borders (RSF) and, more recently, by the International Federation for Human Rights (FIDH).

Both organisations called for an immediate investigation into the attack, the latter criticising the authorities for failing to adequately investigate the incident.

“Until 2003, for the past 800 years, the Maldives had been a moderate and liberal Islamic country,” said Hilath, whose speech is also available on his blog which has been blocked by the authorities since November.

“However, in the last years of [Maumoon Abdul] Gayoom, due to poverty and oppression, and also as a result of the forced imposition on the Maldivian people of Gayoom’s own version of Islam, extremism took a hold, and though it is still a minority, it is a very vocal and formidable one that both [Mohamed] Nasheed’s and [Mohamed] Waheed’s governments have been unable to tackle,” he continued.

“But a stark difference has been that while Nasheed’s government officially acknowledged there was an extremist problem in Maldives, Waheed is refusing to acknowledge the problem. While Nasheed sought to keep extremism in check by bringing them into his government, in the form of the Adhaalath Party, Waheed came into power on the back of extremism, and therefore is giving free reign to extremists,” said Hilath.

Prior to this year’s transfer of presidential power, Hilath suffered a fractured skull after an attack during a silent protest in support of religious tolerance last December.

He was later arrested in relation to the protest after the religiously conservative Adhaalath Party (AP) wrote a letter to the police.

This prompted Amnesty International to declare him a prisoner of conscience and to demand his immediate release.

The 2008 constitution defines the Maldives as a one hundred percent Sunni Islamic nation and makes observance of the faith a prerequisite of citizenship.

“What is worrying is that while Nasheed allowed extremists to spread their propaganda through private channels, Waheed’s government is directly sanctioning the promotion of the extremist agenda through official religious channels,” said Hilath.

“The Adhaalath Party, under whom extremists operate, and under whose umbrella the Islamic Affairs Ministry has been under both Nasheed and Waheed, is now using Friday prayer sermons, also known as khuthubas, to spew bigotry, mysogyny, homophobia, xenophobia, racism, sexism and other sorts of discrimination, and to issue fatwas or religious rulings proclaiming the arts and humanities, such as photography, art, music, singing, dancing and acting as haram or sinful,” he added.

Two days after Hilath’s speech in Geneva, the Islamic Ministry distributed a circular calling for the banning of mixed gender dancing.

This news put the Maldives in the global media spotlight for the second time this month after the sentencing of a 16 year old girl to 100 lashes for fornication – in accordance with Islamic Sharia – had already made international headlines.

Last Friday also saw a gathering of religious protesters outside of the United Nations (UN) building to register their anger at the anti-Islamic film “Innocence of Muslims”.

Protesters burned the American flag and waved banners, one of which read “Maldives: Future graveyard of Americans and Jews”.

Repeated chants were heard urging President Waheed to return America’s US$20,000 contribution to restore the historical Buddhist artifacts in the museum, which were destroyed by a mob of vandals during February’s political turmoil.

Some protesters stated that if the idols were restored, they would promptly destroy them again.

In response to the issue of dancing, President’s spokesperson Abbas Adil Riza told the Associated Free Press (AFP) this week that the circular was not legally enforceable and that the Maldives would always be “a very tolerant society”.

“It is deeply regrettable that both Nasheed and Waheed have done little or nothing to curb extremism as every political party in Maldives seems afraid of extremists,” said Hilath.

“What is really depressing now is that since Waheed’s government is backed by Islamic extremists, who in turn have been backed by rogue police and military officers, extremists are now acting with impunity,” he added.

“The only hope we have in saving the Maldives is by the international community keeping a close watch. I, therefore, welcome UN Human Rights Commissioner Ms. Navi Pillay’s decision to assign a Human Rights Advisor to the Maldives as rising Islamic extremism is causing serious setbacks to human rights, freedom of expression and democracy in the Maldives,” he said.

After visiting the Maldives last November, Pillay called for a moratorium on corporal punishment and criticised the Muslim-only clause in the constitution.

Protesters subsequently gathered outside the UN building, calling for Pillay’s own arrest and flogging.

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Pro-government MPs hit out at UN’s “biased” and “political” calls for religious freedom

MPs of several government-aligned parties have expressed concern over a UN Human Rights Commission (UNHRC) report calling for freedom of religion, sexual orientation and several other commitments in the Maldives, claiming the document is “biased” and “against the will of the people”.

Jumhoree Party (JP) MP Abdulla Jabir told Minivan News today that he had “reservations” about the UN’s conclusions, claiming they appeared to single out former President Maumoon Abdul Gayoom’s government for alleged human rights abuses, while also contravening the constitution and laws of the Maldives.

Progressive Party of Maldives MP Ahmed Mahlouf  also hit out at the report’s conclusions, which he claimed were both “political” and “biased” as a result of the influence of the opposition Maldivian Democratic Party (MDP), according to local media.

UNHRC calls

The UNHRC findings urged Maldivian authorities to guarantee citizens’ right to democracy, permit freedom of religion, reform the Judicial Services Commission (JSC), abolish flogging and the death penalty, and deal with human trafficking, among other recommendations.

A core concern of the committee involved the Maldives’ reservation to Article 18, concerning freedom of religion, the validity of which was questioned by the committee on the basis that it was “not specific, and does not make clear what obligations of human rights compliance the State party has or has not undertaken.”

However, Jabir today contended that the stipulation within the Maldives constitution that the nation was 100 percent Islamic reflected the views of the Maldivian people, with not a single political party in the country having called for religious freedom.

“It is the Maldivian people who have decided that if you are not a Muslim, you are not a Maldivian. There is not one party here calling for this to change,” he said. “Maybe this is not what is practiced in many other countries around the world, but it is what he have decided here by law. It is our sovereign right.”

Aside from calls for freedom of religion, Jabir also said he was concerned about the issue of establishing an independent inquiry into “all human rights violations, including torture” that were allegedly conducted prior to the 2008 election.

He claimed this appeared to single out the 30 year autocratic rule of former President Maumoon Abdul Gayoom,  who was voted from office during the 2008 presidential elections.

“We have had other presidents in this country before Mr Gayoom and I do not understand why they are not also being focused on. Why only Gayoom’s time? This shows there is bias in this report,” he said. “Before President Gayoom, we had President [Ibrahim] Nasir. It should look at all abuses from the country’s first president onwards.”

Constitutional matter

Jabir added that he had personally been one of the 12 member body who had drawn up the present constitution, that had in turn been approved by the Maldivian people.  He claimed that despite the UN calling for freedom of religion and sexual orientation – as well as other commitments designed to address concerns about human trafficking and judicial reform – the organisation was unable to overrule the laws and regulations of a sovereign nation.

“When the UN asks for freedom of religion, this is what former President Nasheed has been trying to promote in the country,” he claimed.

Jabir’s concerns about alleged political bias serving to influence the UNHRC’s conclusion were also raised by the PPM, a party formed last year by former President Gayoom.

PPM MP Mahlouf reportedly told the Sun Online news service yesterday that items raised in the UN report seen to contradict Islam would not be implemented in the Maldives.

He claimed that the findings had been influenced by the opposition Maldivian Democratic Party (MDP) and “foreign associates” linked to the party.

“MDP encourages the destruction of our sovereignty and our religious values,” Mahlouf was quoted as telling Sun Online.

Mahlouf reportedly pledged that the PPM would work to stand against allowing any changes relating to the national religion under Maldivian law as a report on how the Maldives will implement the Committee’s recommendations is due to be delivered to the UN during the next twelve months.

Ahmed Thasmeen Ali, leader of the government-aligned Dhivehi Rayythithunge Party (DRP) was not responding to calls today about the report.  Both DRP Deputy Leader Ibrahim Shareef and MP Dr Abdullah Mausoom could also not be reached at the time of press.

Former President Mohamed Nasheed, who has alleged that he was forced to resign from office on February 7 this year in a “coup detat”, had denied advocating for freedom of religion during his time in office. The former president has faced strong criticism from political opponents over his commitments to protecting the nation’s Islamic faith.

However, during a gathering of former opposition political figures, NGOs and other civil society organisations on December 23 last year to “defend Islam”, Nasheed held a counter-rally for those he claimed practised a “tolerant form” of the faith that he contended been traditionally followed in the Maldives.

“We can’t achieve development by going backwards to the Stone Age or being ignorant,” he said back in December, 2011.

The President also called on leaders of political parties to explain their stance on religious issues to the public ahead of a scheduled 2013 presidential election.

“Should we ban music? Should we circumcise girls? Should we allow 9 year-olds to be married; is art and drawing forbidden? Should we be allowed to have concubines? We have to ask is this nation building? Because we won’t allow these things, we are being accused of moving away from religion,” he said at the time.

Nasheed also urged MPs at the time to discuss the inclusion of Sharia punishments in a revised penal code “without calling each other unbelievers.”

The December 23 coalition also raised concerns over calls by United Nations Human Rights Chief Navi Pillay during a visit to the Maldives last year that flogging be abolished as a punishment for extra-marital sex in the country.

Pillay’s comments further fuelled tensions across the nation late last year over concerns about the erection of monuments in Addu Atoll to commemorate the South Asian Association for Regional Cooperation (SAARC) summit that were deemed as “idolatrous” by some.

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UN Human Rights Committee calls for widespread institutional reform in the Maldives

The UN Human Rights Committee (UNHRC) has urged the Maldives to guarantee citizens’ right to democracy, permit freedom of religion, reform the Judicial Services Commission (JSC), abolish flogging and the death penalty, and deal with human trafficking, among other recommendations.

The  Committee has issued concluding observations regarding the Maldives’ commitment to universal human rights, following the country’s defence of its record in Geneva on July 12-13.

The Maldivian delegation to the UNHRC was headed by Home Minister Dr Mohamed Jameel, a former Justice Minister during the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012.

Dr Jameel was accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam.

Religion

A core concern of the committee involved the Maldives’ reservation to Article 18, concerning freedom of religion, the validity of which was questioned by the committee on the basis that it was “not specific, and does not make clear what obligations of human rights compliance the State party has or has not undertaken.”

Particular concerns included the tying of religion to citizenship, prompting the UNHRC to call on the country to revise its constitution, and abolish the crime of apostasy in legislation.

The committee also expressed concern about the clause in the constitution enabling the limitation of rights and freedoms “in order to protect and maintain the tenets of Islam”, challenging the broadness of the clause and warning that such a provision could be “invoked to justify the failure by the State party to fulfil its [human rights ] obligations”.

Concern was also raised about the criminalisation of homosexuality, and the “stigmatisation and marginalisation of homosexuals in [Maldivian] society”.

For its part, during its defence, the Maldives’ delegation stressed that the country was a homogeneous society and spoke one language and followed one religion, adding there was therefore no debate in Maldivian society regarding the removal of the provision relating to freedom of religion.

“This is not dogmatic government policy or preference, but rather a reflection of the deep societal belief that the Maldives always has been and always should be a 100 percent Muslim nation. Laws, like government, should be based on the will of the people,” Dunya told the panel.

Controversial transfer of power

The Committee noted in particular “the legal and political circumstances” under which the Feburary 7 transfer of power took place, and called on the government to ensure a citizen’s right to self determination – “ which lies at the core of democratic government based on the consent of the people.”

The report called on the Maldives to ensure that the Commission of National Inquiry was able to function “in conditions guaranteeing its complete independence and impartiality”, and called on the government “as a matter of urgency” to protect individuals who had provided information to the inquiry.

Torture inquiry commission

The UNHRC called for the government to establish an independent commission of inquiry to investigate “all human rights violations, including torture that took place in the State party prior to 2008 and provide compensation to the victims.”

The Committee should further investigate all allegations of torture that took place at the time of the demonstrations of February 8, 2012, in Malé and Addu, prosecute those responsible, and provide compensation and rehabilitation to the victims. The State party should implement the findings of the Commission of Inquiry set up to investigate events that took place during the political transition period.”

The committee also expressed concern at the composition of the police integrity commission, which was “hampering its independence”, and said it was concerned at the low number of cases relating to torture and ill-treatment received by the Commission as well as at the low number of police officers sanctioned.”

Legal reform

The composition and the functioning of the Judicial Services Commission (JSC) was “seriously compromised”, the UNHRC observed, a state of affairs which was affecting the independence of the judiciary “as well as its impartiality and integrity.”

“The Committee is concerned that such a situation undermines the judicial protection of human rights and fundamental freedoms in the Maldives,” the report stated, and called on the government to reform the JSC.

The UNHRC also called on the Maldives to abolish flogging and the death penalty.

Human trafficking

The committee expressed particular concern over reports relating to “trafficking in migrants from neighbouring countries for labour and sexual exploitation purposes.”

“No legislation has yet been enacted by the State party to prevent and protect against trafficking in persons. The Committee is further concerned at the lack of statistical data on the number of trafficked persons, the investigations conducted, the number of prosecutions and convictions, and the protective measures put in place, as well as the absence of a strategy to combat trafficking,” the Committee stated, calling on the government to study the root cause of the problem, provide data, punish traffickers, and provide protection to victims.

Domestic violence

Positive observations included the enactment of an Anti-Domestic Violence Act in April 2012, although the committee expressed concern at the low rate of complaints lodged for domestic violence, and at the lack of effective mechanisms of protection and rehabilitation for victims.

“The State party should take the necessary measures to implement fully the Domestic Violence Act. It should facilitate complaints from victims without fear of reprisals, intimidation or exclusion by the community; investigate, prosecute and punish those responsible with appropriate penalties; and provide compensation to victims. The State party should further establish a proper mechanism of protection, including by setting up shelters and by providing psychological rehabilitation and conduct awareness-raising campaigns on the negative impacts of domestic violence,” the report noted.

The Maldives is required to respond within one year detailing how it had implemented the Committee’s recommendations.

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“Make use of historic moment”, Adhaalath Party urges President Nasheed

Adhaalalth Party President Sheikh Imran Abdulla has joined opposition Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali in sending a letter to President Mohamed Nasheed asking him to push for an independent Palestinian state at the UN Human Rights Council.

In the letter Sheikh Imran tells the President to assist the Muslim community in their efforts to make Palestine an independent state and a full member of the UN, and to make good use of the historic moment that came in the time of President Nasheed and vote in favor of Palestine.

Sheikh Imran urged the President to do this for the rights of the citizens of Palestine who have “lived in grief for 63 years, who have been pushed away from their own land and have suffered so muchh catastrophe.’’

Meanwhile, the ruling Maldivian Democratic Party (MDP) has also issued a statement saying that the party supports Palestine becoming an independent state, and thanked the government and foreign ministry for the work they are contributing to resolve the issue.

“The MDP would like to note, with gratitude, that one of the key objective of the Maldives foreign policy was to assist Palestinian citizens and to further the recognition of Palestine as an independent state,’’ the statement issued by the MDP Secretariat said.

The party said that the government had spoken in favor of Palestine at the UN Human Rights Council and that the party was proud of it.

Meanwhile, the Foreign Ministry has stated that the Maldives strongly supports UN recognition of Palestinian statehood, with Naseem advocating the position before the UN Human Rights Council following the announcement by Palestinian Authority President Mahmoud Abbas that he will apply to the UN Security Council for full UN membership.

“Let us be clear, the Palestinian people have, like everyone else, the right to self-determination – the right to a state of their own. They have waited long enough for that most basic of rights. When the Palestinians present their case to the UN, the Maldives will stand shoulder-to-shoulder with them, and we call on all others to do likewise,’’ Naseem told the UN Human Rights Council.

Naseem has said the Maldives does not believe that UN recognition of Palestinian statehood will narrow the chances of a negotiated peace.

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