Author: JJ Robinson

Political tensions flare amid constitutional crisis over judiciary

Male’ is bracing for further protests after a weekend of violent demonstrations involving several hundred opposition supporters, as political tensions spiral over the military’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed.

Eight opposition-aligned political parties held a joint press conference on Thursday afternoon calling on the public to join their series of protests “to defend the Maldivian constitution” and “bring the government back into legal bounds”.

Police said in a statement that five officers were “seriously injured” in protests that evening after opposition supporters in front of the Maldives Monetary Authority (MMA) building attempted to break through the police blockade.

A number of other police officers sustained minor injuries while a window of the MMA building was smashed and three police vehicles, one MNDF vehicle and the car of Civil Service Commission (CSC) head Mohamed Fahmy Hassan were damaged.

Opposition protesters also broke into the home of Youth Minister Hassan Latheef and vandalised his living room, while his wife and children were in the house. The homes of other ministers were also vandalised from the outside, and palm trees lining the main roads of Male’ were uprooted.

The Maldives National Broadcasting Corporation (MNBC) claimed that six of its reporters were attacked on Thursday evening by the opposition protesters, including a cameraman who had paving stones and oil thrown at him, and a camera woman who had an unknown substance sprayed in her eyes as demonstrators attempted to take her video camera.

A group of male demonstrators also reportedly surrounded a female MNBC journalist and threatened to kill her and dump her body into the sea, before she was rescued by other reporters in the area.

Protesters also attempted to gather outside the MNBC premises and threw rocks and other objects at the walls.

Police arrested 43 people over the weekend, including former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) MP Ahmed Mahlouf, Adhaalath Party President Imran Abdulla, and spokesperson for the coalition of NGOs campaigning against the government’s religious policy, Abdulla Mohamed.

Charges included disrupting peace, damaging public and private property, including youth minister’s residence, breaking police lines, and inciting violence.

The Criminal Court today however ruled the arrests were unlawful and ordered the release of all those arrested.

The Human Rights Commission of the Maldives (HRCM) meanwhile called on the protesters to be mindful of the rights of others and to exercise their right to free assembly responsibly.

The commission observed that as a result of the manner of speech heard at such protests, “inducing anger, hatred and fear in people’s hearts”, public order and peace was “being very adversely affected.”

“As a consequence of such actions, the country’s social fabric is weakened and the trust and respect we should have towards one another are lost, forming numerous obstacles to establishing an environment that fully guarantees rights,” the commission said.

Hundreds of supporters of the ruling Maldivian Democratic Party (MDP) meanwhile gathered at a heated rally near the tsunami monument on Saturday afternoon. The ruling party launched a campaign earlier this month dubbed “You can’t say that anymore” against the opposition’s “use of religion as a weapon for political purposes.”

Today’s rally at the tsunami memorial area was part of the campaign, which has seen eight rallies held at the party’s Haruge headquarters in past weeks.

Detained Judge

Chief Judge Abdulla Mohamed is at the centre of the constitutional impasse currently being played out in the Maldives. The opposition contends that the judge’s “abduction” by the military last week and its refusal to release him or present him in court, despite being ordered to do so by the Supreme Court, represents a constitutional violation by the government.

The government – and former whistleblower on the Judicial Services Commission (JSC), Aishath Velezinee – present Abdulla Mohamed as the corrupt heart of a “silent coup” by the former government to assume control of the judicary, “taking the entire criminal justice system in his fist” and ensuring legal impunity for key opposition figures.

Presented with a litany of allegations against the judge, the JSC, as the watchdog body charged with overseeing the judiciary, formed a complaints committee to investigate the cases against the judge in December 2009.

However in November 2011 the Civil Court ordered the judicial watchdog to take no action against Abdulla Mohamed, despite a report by the JSC claiming that he had violated the Judge’s Code of Conduct by making  statements favouring the opposition in an interview he gave to private broadcaster DhiTV.

The government’s decision to take action against the judge followed his opening of the court outside normal hours, to order the immediate release of Dr Mohamed Jameel Ahmed, deputy leader of the minority opposition Dhivehi Qaumee Party (DQP).

Police had attempted to arrested two senior members of the party on charges of slander and hate speech after they published a pamphlet alleging, among other claims, that the government was plotting with “Jews and Christian priests” to undermine Islam in the Maldives.

The Chief Judge was first summoned by police for questioning on January 16, but did not appear.

Instead, he filed a case at the High Court requesting the summons be cancelled on the grounds that it was illegal. The High Court then issued an injunction ordering police to halt enforcement of the summons pending a ruling.

Police subsequently requested the Maldives National Defence Force (MNDF) take Abdulla Mohamed into custody, as “the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

The judge was taken to the MNDF training island of Girifushi, where he currently remains.

“In good health”

HRCM in an “emergency” press conference yesterday stated that it had visited the judge and that he was in good health and being well treated, with the ability to freely roam the island. He had been granted, but had refused, access to his family, HRCM said.

In response to HRCM’s comments, the opposition accused the human rights body of “backing down” from its responsibilities. Deputy Leader of the Dhivehi Rayithunge Party (DRP), Ibrahim Shareef, attacked the statement as “tame” and “mellow”, claiming that the “kidnapping” of the judge was inhumane.

Reaction

The detention of the Chief Judge has polarised Maldivian society – and the government – even amid the country’s already intense political divide.

In an especially dramatic tangent, Vice President Dr Mohamed Waheed Hassan declared on his blog that he was “ashamed and totally devastated by the fact that this is happening in a government in which I am the elected the Vice President.”

“Besides all the international legal obligations, the government of the Maldives is bound by the Maldives Constitution 1988 which prohibits arbitrary arrest and forced disappearance. We have just witnessed the first possible violation since the dawn of democracy in our country. I cannot understand why this is not an issue for everyone in this country,” Dr Waheed said.

“Those of us who have struggled for freedom in this country for over 30 years, are wondering whether we have wasted our efforts.”

The European Union Heads of Mission issued a statement expressing “concern at recent developments in [the Maldives], including the arrest of a criminal court judge by members of the security forces.”

“EU Heads of Mission reiterate their support for the process of democratic transition in the Maldives and note the importance of the principles underlying that transition, including respect for the constitution, due process, independence of the judiciary, the rule of law and freedom of expression are central to this process,” the statement read.

“EU Heads of Mission call on all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.”

Secretary General of SAARC, Diyana Saeed, the youngest person and first woman to be appointed to the post, today confirmed her resignation following her public criticism of the executive’s refusal to obey the Supreme Court order to release the judge, during a press conference on VTV.

“[The Chief Judge’s detention] is a violation of individual human rights, a violation of the independence of the judiciary, and the violation of the constitution,” she told Minivan News on Thursday.

The government’s ignoring of a Supreme Court order is not without precedent in the Maldives.

Prior to the appointment of the new Supreme Court in August 2010 on conclusion of the constitution’s interim period, the existing bench sent a letter to the President declaring themselves permanent.

The letter was ignored, and the MNDF confiscated the keys to the Supreme Court until the new bench was eventually appointed by parliament – a process of intense and rapid backroom political compromise that was at the time hailed as a rare cross-party success for the institution.

Breaking the impasse

A government legal source told Minivan News that the JSC itself had found evidence of “gross misconduct” by Abdulla Mohamed, but was blocked from proceeding on the matter as the chief judge “has undue influence over at least one other judge of the Civil Court who issued a court order against the JSC and prevented it from performing its constitutional role.”

“The allegations levelled against him are of serious concern to the Maldivian government and community. It is apparent that both the Maldivian High Court and the Supreme Court remained silent on the matter,” the source stated.

“This is tacit acceptance of a ploy to prevent the JSC from exercising its powers under the constitution, and the JSC’s acceptance of the Civil Court order is an indication of the extent of undue influence that members of the judiciary have over the JSC.”

The government was, the source said, “taking appropriate action in extraordinary circumstances involving allegations of serious corruption and gross misconduct by a senior judge. Public statements seeking to define his detention as a human rights issue are part of the web of protection which surrounds Judge Abdulla Mohamed.”

Independent MP Mohamed Nasheed told Minivan News that the arrest of the judge could legally only have been ordered by the High Court.

“We have the security of the constitution, but while the print may be there it is evident that it doesn’t matter very much. If I am going to be arrested I deserve to expect certain rights. The arrest of Judge Mohamed should have been made on the order of the High Court,” he said.

He noted that Parliament had a standing committee, which had in turn formed a sub-committee, to investigate the JSC.

The hearings and interviews have been concluded at the sub-committee level said Nasheed, a member of that sub-committee and chair of the Independent Institutions Committee, and the information was to be compiled into a report and forwarded to the full committee.

“It’s possible we will have the investigation addressed within the first session of parliament this year,” Nasheed said.

He said the sub-committee had considered a reformation of the JSC.

“It’s the one institution that has not really taken off. It’s been bogged down with personality issues and procedural issues. Bring in a change of membership, some new blood, and give it a new chance,” he speculated, although adding that this would require bodies such as the Supreme Court to each revoke their own representatives on the commission.

The constitution also includes provision for the appointment of foreign judges from other Islamic countries, he noted.

Foreign judges may sit on court benches during the first 15 years of the constitution “only because we would like some technical assistance and expertise during the transition. This provision is the only area in which Maldivian citizenship is not required of a judge,” Nasheed said.

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SAARC Secretary General attacks government over detention of Chief Judge

The Maldivian government has clashed with the youngest and first female SAARC Secretary General, Fathimath Dhiyana Saeed, over the legality of its arrest of Chief Judge of the Criminal Court Abdulla Mohamed.

Speaking at a press conference held by a group of lawyers contesting the legality of Judge Mohamed’s arrest, aired on Jumhoree Party (JP) leader Gasim Ibrahim’s VTV last night, Saeed accused the government of ignoring the law and called for parliament to oppose the ruling body.

The government does not have the authority “to say ‘we will act on this article, and this article does not exist for us’,” Saeed claimed. “This is not something we can pick and choose.”

The government’s rejection of court orders to release the judge could “only be solved by the people”, Saeed said, but added this should be through the parliament “and not by coming out on the roads”.

The government has expressed outrage over Saeed’s television appearance, arguing that her position as SAARC Secretary General demands her political impartiality in the internal affairs of all SAARC nations – including her own.

Article one of the SAARC Charter emphasises “strict adherence to the principles of the United Nations Charter and non-alignment, particularly respect for the principles of sovereign equality, territorial integrity, national independence, non-use of force and non-interference in the internal affairs of other States and peaceful settlement of all disputes.”

President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair, said Saeed’s stating her “personal, private position” on VTV “clearly contravened the SAARC Charter”.

“The SAARC charter forbids interference in the matters of any state, including the state she represents,” Zuhair said.

“She should have resigned and then taken her stand, or brought her concerns to us – or someone like the Attorney General. We are her colleagues. This is at best very dishonourable,” Zuhair said.

He claimed that Saeed had pledged her allegiance to the government “and her husband (Abdulla Jabir) is head of the Maldivian Democratic Party (MDP) and a senior member of the party,” Zuhair said. “Even should she resign, [her behavior] is still dishonourable and indecent. “

Saeed reacted angrily to Zuhair’s allegations and said his comments were not indecent, and that she had not violated the SAARC Charter.

“I am first and foremost a Maldivian citizen. It is my right [to comment] on whatever happens in my country, and I will not give away that right. As a lawyer I am also a member of the Maldivian bar,” she told Minivan News.

“[The Chief Judge’s detention] is a violation of individual human rights, a violation of the independence of the judiciary, and the violation of the constitution,” she stated.

“The constitution defines how a person should be detained, and this is not an ordinary person, this is a judge. Up until last night no one even knew where he was held.”

If the government contended that Abdulla Mohamed had violated the constitution, “he has to be dealt with within the confines of the law,” she insisted. “The government should not take the law into its own hands.”

“This action is very clearly unconstitutional. If you look at the how the government has acted these last three years you can see a trend. The government thinks any means to an ends is alright,” she said.

Saeed said she did not wish to comment on whether she intended to resign.

The government has meanwhile contended that Abdulla Mohamed’s detention is legal under the President’s mandate to protect “the letter and spirit” of the constitution, arguing that not only had he corrupted elements of the judiciary in favour of the political opposition, but that the constitutional body mandated with overseeing the judges – the Judicial Services Commission (JSC) – had also been politically compromised.

The JSC failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

In May 2011 the JSC abolished its complaints committee. By its own statistics, of the 143 complaints received in 2010 concerning the conduct of judges, none were tabled and only five were ever replied to.

Chair of the JSC’s dissolved complaints committee, former President’s Member of the JSC Aishath Velezinee who was stabbed in the street in January 2011, said at the time that the complaints committee had been unable to operate as the chair of the JSC, Supreme Court Judge Adam Mohamed,  had persistently scheduled timetable clashes.

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Dr Jameel summoned for questioning again, as government goes on diplomatic offensive

Police on Wednesday evening summoned Vice President of the minority opposition Dhivehi Quamee Party (DQP), Dr Mohamed Jameel, for questioning for the fourth time in a week.

Police are investigating Dr Jameel following accusations by the government that the party was attempting to incite religious hatred.

DQP council member ‘Sandhaanu’ Ahmed Ibrahim Didi, a former Amnesty Prisoner of Conscience, had called on the public to “rise up and defend Islam”, stating that “we brought [President Mohamed] Nasheed to power by mistake. Nasheed is a madman.”

Among the “slanderous allegations”, according to the government, were claims that it was “operating under the influence of Jews and Christian priests” and had been “attempting to spread irreligious practices and principles in the country.”

The government has expressed particular alarm at a pamphlet published by the party in Dhivehi entitled “President Nasheed’s devious plot to destroy the Islamic faith of Maldivians”.

The pamphlet advises that “the Jew’s plan and way of thinking is to divide Islamic countries”, and that Maldivian government officials hold secret identities as “Christian priests”.

Monuments gifted by SAARC countries during the Addu summit in November 2011 were secretly “religious statues, depicting other Gods for praying [towards].”

The traction of such allegations is hard to judge in the Maldives. Historically a moderate country, it has recently found itself facing a rising trend of religious extremism – a stark contrast to the Western hedonism of the resorts, from which the country indirectly derives 70 percent of its income.

The DQP has defended their allegations under Article 27 of the Constitution, which guarantees freedom of expression “subject to the tenets of Islam”, and is presenting this argument to foreign embassies in Colombo this week.

The government has however claimed that the party’s remarks are “racist, bigoted and anti-Semitic”.

“Freedom of speech does not entitle you to maliciously shout ‘fire’ in a crowded theatre,” President Nasheed’s Press Secretary Mohamed Zuhair has said.

Leader of the DQP, former Attorney General Dr Hassan Saeed, has refused to speak to Minivan News. Dr Jameel was not responding at time of press.

Diplomatic push

In a bid to justify the continued investigation of DQP politicians – disrupted by the Criminal Court’s refusal to grant police an extension of detention, following the arrest and incarceration of Chief Judge Abdulla Mohamed on corruption charges – the Ministry of Foreign Affairs was today briefing the international community on the “recent increase in extremist religious rhetoric being used by certain opposition political figures in the Maldives.”

The Foreign Ministry said it was “extremely concerned by the increase in extremist rhetoric used by certain politicians and NGOs, which can lead to stigmatisation, stereotyping and to incitement to religious violence and hatred.”

“The government of the Maldives shares the concern of others in the international community “at instances of derogatory stereotyping, negative profiling and stigmatiation of persons based on their religion or belief, as well as programmes and agendas pursued by extremist organizations. We also condemn, in this context, any advocacy of religious hatred against individuals that constitutes incitement to discrimination, hostility or violence,” the Foreign Ministry stated.

“Opposition politicians in the Maldives are using the new climate of free speech and freedom of the press to promote negative religious stereotyping, especially about Christians and Jews, and to incite religious hatred, hostility and violence,” the Ministry claimed.

“This represents a deeply worrying trend that can and will have a lasting negative impact on tolerance across Maldivian society,” it added.

A person familiar with the matter told Minivan News that the government had noted and archived statements made by senior political figures endorsing extremism during and following the opposition-sponsored ‘Defend Islam’ protest on December 23 last year, and was in the process of compiling briefing notes for interested international agencies.

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“Judicial independence does not mean that judges are above the law”: Foreign Minister, as political tension erupts

The Maldives National Defence Force (MNDF) has received an order from the Supreme Court to release Chief Judge of the Criminal Court, Abdulla Mohamed.

However MNDF spokesperson Major Abdul Raheem told Minivan News this afternoon that the military has “not yet decided what do with that order.”

The MNDF refused to release the judge on a Supreme Court order last night, requesting that it be delivered during ‘official hours’. Minivan News understands that President Mohamed Nasheed met with the Chief Justice of the Supreme Court this morning.

Chief Judge Abdulla Mohamed was arrested for corruption and for “allowing his judicial decisions to be determined by political and personal affiliations and interests”, Foreign Minister Ahmed Naseem said in a statement today.

The arrest of the judge caused a spike in political tensions across Male’, coming so soon after he opened the court late at night to order that the arrest of DQP politicians for “hate speech” was unlawful.

“[Judge Abdulla’s] repeated failure to comply with constitutional requirements regarding the individual integrity and competence of judges has been compounded by the failure of normal constitutional checks and balances to hold him accountable to the society he is supposed to serve,” read the Foreign Ministry’s statement.

“The Government of the Maldives fully supports and will always protect judicial independence,” Naseem said today. “However, judicial independence does not mean that judges are above the law and can behave as they see fit – contrary to the laws of the land. A judge is a citizen of the Maldives – no more or less important than any other citizen”.

Political tension erupts

The civil, criminal and high courts have cancelled hearings in protest against the arrest of the Chief Judge Abdulla Mohamed. The High Court, Supreme Court and Prosecutor General (PG) Ahmed Muiz demanded the release of the judge.

Muiz told local media that police must consult the PG before taking a judge into custody.

The Criminal Court also issued a court order today ordering the PG to prosecute within the next three days the Chief of Defence Forces and others involved in “contempt of court”.
A group of lawyers filed a similar case at the High Court after the military ignored court orders from both the High Court and Supreme Court for Judge Abdulla Mohamed’s immediate release.
Upon receiving the police summons yesterday, Judge Abdulla had filed a case at the High Court requesting that the summons be cancelled or overturned. The court issued an order halting the summons pending a ruling on the case.
Following his arrest, the High Court issued a court order around 2:00am Tuesday morning for the immediate release of the judge. The High Court noted that as article 12 of the Judges Act specifies procedures for the arrest of a sitting judge.

Chief Justice Ahmed Faiz released a statement after midnight calling for the immediate release of Judge Abdulla, noting that a judge could only be arrested on criminal charges with a warrant from a higher court.

Only the PG is authorised by the Judges Act to seek such an arrest warrant, the Chief Justice noted.
“The day these principle are demolished is the darkest and gloomiest time in the life of a nation,” the statement reads.
The apex court also issued a court order around 5:00am for Judge Abdulla’s immediate release.
Former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM) also called for the release of the judge, claiming that the government had “completely destroyed the country’s hard earned democracy”.

The Human Rights Commission of Maldives (HRCM) meanwhile called on authorities to respect article 24 of the constitution, which states, “Everyone has the right to respect for his private and family life, his home and his private communications.”

However the Foreign Ministry said that Abdulla Mohamed had violated the Bangalore Principles on judicial conduct and independence.

“All the time, Abdulla Mohamed’s actions are becoming more blatant – from asking children who have been sexually abused to act out the crime in court, to repeatedly releasing opposition figures brought before the courts for serious crimes including assault and incitement to hatred or violence,” Naseem said.

“As the International Commission of Jurists (ICJ) made clear following their recent assessment of the state of the Maldives judiciary, judicial independence is a responsibility requiring accountability – a point clearly reflected in the Constitution of the Maldives. This accountability includes a requirement of individual competence and integrity by judges in their proceedings: including issues of actual or perceived bias, prejudice, or conflicts of interest and ethical behaviour outside of office, requiring continuous responsibility to demonstrate high moral character,”

“Unfortunately, it is clear, in contravention of the Bangalore Principles, that Abdulla Mohamed considers judicial independence to mean that he can do whatever he likes, and can act with total impunity”.

The Judicial Services Commission (JSC), the watchdog body supposedly responsible for ensuring the good conduct of judges, “is itself dominated by judges and opposition politicians”, the Foreign Ministry stated.

An attempt by the JSC to take action against Abdulla Mohamed following allegations of political bias after he appeared on TV saying “this government is a dying government” were overturned by the judge’s allies in the lower courts, Naseem argued.

The Civil Court in November 2011 ordered the JSC to take no action against Abdulla Mohamed, until the court reached a verdict in the case filed against him.

Judge Maryam Nihayath said at the time that if the JSC took any further action against Abdulla Mohamed while the case was in court, “it might disrupt the case and Abdulla Mohamed would suffer irreparable damages”.

Former President’s member on the JSC and outspoken whistleblower, Aishath Velezinee, told Minivan News at the time that the JSC’s investigation of Abdulla Mohamed was “the first time the JSC had ever completed an investigation into a judge’s misconduct.”

“There are many allegations against Abdulla Mohamed, but one is enough,” she said. “If the JSC decides, all investigation reports, documents and oral statements will be submitted to parliament, which can then decide to remove him with a simple two-thirds majority.”

“Sadly, as we have seen time and again, the JSC has not been able to fulfil its constitutional task of holding judges like Abdulla Mohamed – who is representative of a small minority of judges who abuse their position to protect themselves and their political allies – to account”.

The  allegations against judge Abdulla Mohamed were originally forwarded to the President’s Office in 2005 by then Attorney General Hassan Saeed, current leader of the Dhivehi Qaumee Party (DQP). His party is presently attacking the government not only for its interference in the judiciary, but of harbouring “Christian priests”, “introducing other religions into the country”,  “encouraging vice”, and accepting “statues for praying” from other SAARC countries during the recent summit in Addu.

Those allegations, concerning Abdulla Mohamed’s request that an underage victim of sexual abuse reenact her abuse for the court, were dropped when the JSC decided not to proceed with the investigation on July 30, 2009.

“With the JSC unwilling or unable to act, responsibility to reign-in judges who break the law should fall to higher judicial authorities. However, senior judges have proved time and again that they are not willing to take action against one of their own – destroying, in the process, public confidence in the judiciary,” Naseem said today.

It had therefore fallen to the President, “as the ultimate guarantor of the Constitution”, to resolve the situation, Naseem stated.

“The President could no longer sit by and watch as a minority of judges destroy public trust in the judiciary and make a mockery of the laws of the country. Abdulla Mohamed has therefore been arrested.

“This is not a move against the judiciary of the Maldives – but rather against an individual who has repeatedly broken the law and who should be held accountable for his actions,” the Foreign Minister said.

Judges under scrutiny

In October 2011, the ruling Maldivian Democratic Party (MDP) appealed for assistance from the international community over the “increasingly blatant collusion between politicians loyal to the former autocratic President, Maumoon Abdul Gayoom, and senior members of the judiciary – most of whom were appointed by Gayoom during his thirty years of power.”

The MDP statement also referred to the corruption trial of Deputy Speaker of Parliament Ahmed Nazim, charged with multiple counts of defrauding the former Atolls Ministry, which remains “indefinitely delayed.”

In an interview with Minivan News in September 2011, former chairman of the Special Majlis Drafting Committee responsible for the new Constitution claimed that the Supreme Court “and key elements within the judiciary are still controlled by Gayoom – directly or indirectly.”

“Face facts – they are issuing instructions to the trial courts, saying ‘Case X, stop proceedings, we’ll take that over,'” Ibra said.

“Who ever heard of an appellate court taking over a trial court’s jurisdiction? I don’t know of any instance in any democratic country, anywhere in the world, where an appellate court will take over a trial court.

“Even in cases of a mistrial, the instruction is to retry the case. Appellate courts don’t sit on trials. And they are systematically doing it – at least three cases so far. What they are effectively doing is influencing the independence of the trial court. The significance of that is that if trial court judges cannot be independent of the higher court, there is no room for appeals. Because the decision is going to be the Supreme Court decision.”

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Addu City Council begins taking down “idolatrous” SAARC monuments

Addu City Council has begun removing monuments gifted to the Maldives by SAARC member countries during the “Building Bridges” summit in November 2011.

Bhutan’s monument, a wooden sign, was taken down on Friday following a demand from demonstrators at the opposition-sponsored ‘Defend Islam’ protest on December 23 that all monuments be removed as they were “idolatrous”.

Councillor Hussein Hilmee told Minivan News that a small group of people had been vandalising the monuments and that police had needed to provide 24 hour security, which was unfeasible.

The leaders of Bangladesh, Pakistian, India, Bhutan, Nepal and Sri Lanka unveiled their national monuments to commemorate the Maldives’ hosting of the SAARC Summit.

The night before the unveiling of Pakistan’s monument a small group of protesters knocked it over, contending that carvings detailing the history of the Indus valley civilisation and a bust of the country’s founder Mohamed Ali Jinah were idolatrous. The monument was removed by Addu City Council and replaced on its plinth prior to the unveiling ceremony.

That evening a group of opposition MPs, including MP Ahmed Mahlouf from former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), were arrested attempting to take down SAARC banners at the airport which they claimed featured Christian imagery.

The Pakistani monument was subsequently set ablaze by demonstrators, after the Adhaalath Party issued a statement claiming that “no Maldivian of sound mind” would allow idols or iconography of other religions to be erected in the country.

The Pakistani monument was “part of efforts by adversaries of Islam to turn the faith that Maldivians embraced 900 years ago upside down,” the party said at the time.

The fate of the monuments quickly became a political football in the wake of the SAARC Summit, as the government began to juggle the perceptions of its regional neighbours with antagonistic public sentiment triggered by opposition-led demands that the monuments be removed.

Pakistani Prime Minister Yusuf Raza Gilani unveils the contentious monument

Meanwhile, the wave of vandalism continued. The head of Sri Lanka’s lion statue monument was decapitated, and police were deployed to provide protect the surviving structures.

A month after it was unveiled Nepal’s monument, a metal plaque with a coat of arms resembling the country’s national symbol, was stolen during a police shift change.

“We regret what has happened,” Addu City Mayor Abdullah Sodig told Minivan News following the theft of the Nepalese monument. “It was not a religious monument. There is some political motive behind this theft,” he emphasised, citing “opposition party members” as likely suspects.

Islamic Minister Dr Abdul Majeed Abdul Bari subsequently requested that government authorities remove the SAARC monuments that conflicted with Islam, although he did not specify which.

State Minister for Islamic Affairs, Sheikh Hussein Rasheed, was more muted, telling Minivan News that he did not believe that the monuments contradicted Islam.

“The Pakistan monument showed how Pakistan became an Islamic country from its Buddhist origins,’’ he said, but added: ‘’Although the monument does not contradict Islam, it should not be kept there if Maldivian citizens do not want it to be there.’’

Press Secretary Mohamed Zuhair observed at the time that taking down the monuments would diplomatically be very difficult for the government, “especially where it was handed to us by another Islamic country.”

Removal of the contentious monuments was one of the five demands of the December 23 protesters, who also demanded that the government apologise for a statement to parliament by UN Human Rights Commissioner Navi Pillay concerning a moratorium on flogging for extra-maritial sex.

Today, Addu City Councillor Hilmee said the council had sent a letter to the Foreign Ministry requesting that it inform SAARC member countries that it was taking the monuments down.

Deputy Sri Lankan High Commissioner Shaanthi Sudusinghe said the Sri Lankan government had not yet been informed of any decision.

“We have requested that if [the government] is unable to preserve the monument that they hand it over to us,” she said.

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Mahlouf accuses Maldives history website of promoting other religions

Undersecretary at the President’s Office Fareesha Abdulla has said she intends to file a defamation case against Progressive Party of the Maldives (PPM) MP Ahmed Mahlouf, after he appeared on DhiTV’s ‘Habaru Therein’ (In The News) and accused her of trying to introduce other religions to the Maldives.

“I have asked the Maldives Police Service on January 11, 2012 to investigate this case,” Fareesha said in a statement.

Mahlouf told Minivan News today that “Fareesha, and her husband, I think he’s a foreigner, run a website called Maldives Culture promoting other religions in Dhivehi.”

“Her husband was [previously] deported and Fareesha stayed away from the Maldives for a long time. Under this government, she is now working in the President’s office,” Mahlouf said.

Maldives Culture is a website run by Fareesha and her husband Michael O’Shea, containing English translations of documents about the history, culture and society of the Maldives.

“There’s no Dhivehi in the site – it’s all in English,” Fareesha said. “There’s nothing about other religions, and Michael was never deported.”

Fareesha told Minivan News that while she could laugh off Mahlouf’s allegations, “they have serious ramifications for me. He is a member of the Majlis and people do trust what he says – they may not check the truth for themselves. I am concerned for my physical safety – I may not be able to walk on the streets without being attacked.”

Mahlouf meanwhile claimed that the government was using the police “to try and stop us talking.”

“There’s no way they can stop us,” he said.

Documents available on Maldives Culture cover topics ranging from Maldivian art, history, social customs to historic photographs and maps of the Maldives, and a Dhivehi-English dictionary.

The site also includes translations of the works of famous explorers who visited the Maldives throughout its history, including the Ibn Battuta, François Pyrard de Laval and HCP Bell.

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Tourism pioneer dies

Maldivian tourism pioneer Kan’di Ahmed Ismail Maniku has died while being treated at Sri Lanka’s Nawaloka Hospital.

Maniku diligently served the Maldives’ tourism industry since its introduction in 1972. He received an award from the Ministry Of Tourism in 1997 for being a pioneer of tourism in the Maldives.

He was also awarded the National Award of Recognition in 1997 and National Award of Honour in 2005, in recognition of his many contributions to the tourism industry.

He held many other positions with the government during his life, including Under Secretary at the Foreign Ministry, Second Secretary at the Office of the Maldivian High Commissioner in Ceylon, Representative of the Maldives’ Office at the United Nations, Manager at the Shipping Department, Under Secretary at the President’s Office, and Deputy Minister of Fisheries.

Tourism Minister Dr Mariyam Zulfa left for Sri Lanka last night to attend Maniku’s funeral.

He is survived by his wife Moomina Haleem, the first female cabinet minister in the Maldives and an honouree of the National Exemplary Service Medal, and four children.

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Foreign Ministry calls for investigation of attack on silent protest

The Foreign Ministry has called on “relevant national institutions”, including police and the Human Rights Commission of the Maldives (HRCM), to investigate allegations of violence that led to the hospitalisation of blogger Ismail ‘Hilath’ Rasheed on December 10.

The statement came in response to Amnesty International’s expression of alarm at the government’s failure to prosecute a group of men who attacked the blogger with stones for his participation in a ‘silent protest’ calling for religious tolerance. Images of the attackers were provided to police and posted online by the protesters, despite threats against them if they did so, however no arrests were made.

Rasheed was designated an Amnesty ‘prisoner of conscience’ after he was arrested and detained for 24 days while he was investigated for his role in the protest, and the content of his blocked blog which the Islamic Ministry had earlier deemed anti-Islamic. He was released on January 6 without charge.

In its response to Amnesty, the Foreign Ministry stated that Rasheed was “treated in full accordance with his human rights as guaranteed under domestic law”.

“The Constitution of the Maldives affirms that Islam is the religion of the State of the Maldives. The Constitution does not allow for freedom of religion,” the Foreign Ministry stated, observing that the Maldives “maintains a reservation [on the International Covenant on Civil and Political Rights] under Article 18 on freedom of religion and conscience.”

“The basis of the police investigation into Mr Rasheed’s blog was therefore reflective of and in accordance with domestic law and with the Maldives’ international human rights obligations,” the Ministry argued.

The Ministry noted “with concern” the attack on Rasheed, but criticised the protesters for failing to inform the authorities about the protest, “a step which would have allowed the police to maintain order and protect him and other members of the public.”

“The right to freedom of assembly is enshrined in Maldivian law. However, under the law, while it is not necessary to seek authorisation for assemblies from the authorities (in line with international human rights norms), it is necessary to inform the authorities so that protests can be effectively policed,” the Ministry argued.

“Mr Rasheed and others participating in the December 10th gathering did not comply with these legal requirements, a fact which unfortunately contributed to the breakdown of law and order on that day when the protesters were violently attacked,” the statement read.

Speaking to Minivan News this week following his release, Rasheed observed that prison conditions “have not changed since [former President] Gayoom’s time”.

The blogger was locked for three weeks in a small, three-sided room with 11 other people. Despite the opening there was no airflow, the room was unventilated and the fan in the room was broken, he said.

The room was so small and crowded it was impossible for 12 people to fully stretch out and sleep properly, and despite requirements that  inmates be allowed out for at least an hour’s exercise every day, no one was allowed outside during his detention, Rasheed told Minivan News.

The blogger also expressed concern that some of his fellow inmates had been remanded in custody for up to three months without charge pending police investigations, trapped in “legal limbo”.

In its statement, the Foreign Ministry said it “takes note of comments made by Mr Rasheed in the press regarding mistreatment while in detention.”

“The Foreign Ministry notes in this regard that, as a State Party to the Convention against Torture (CAT) and its Optional Protocol (OPCAT), a national mechanism exists to investigate such claims and related issues such as conditions in places of detention – namely the National Preventative Mechanism (NPM).

“The Foreign Ministry therefore expresses its confidence that the NPM will immediate look into the claims made by Mr Rasheed and will publish its independent findings.”

The Ministry concluded by “welcoming” Amnesty International’s “interest in and engagement with human rights issues in the Maldives.”

“The government has a strong and positive relationship with Amnesty International at both a domestic level and at the level of the UN, and looks forward to a continued constructive dialogue with them and with other international human rights NGOs.”

President Mohamed Nasheed was himself designated a prisoner of conscience during his incarceration by the former government.

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Government to cease issuing work permits to Bangladeshi nationals, launches registration effort

The Maldivian government has halted the issuing of new work permits to Bangladeshi nationals and will begin registering the biometric details of all expatriate workers, in an effort to combat rising human trafficking. Employers will also be advised to cease withholding the passports of foreign nationals.

Foreign Minister Ahmed Naseem, Human Resources Minister Hassan Latheef and Home Minister Hassan Afeef announced the measures at a joint press conference on Wednesday, together with the Attorney General.

The government will begin registering the details of Bangladeshi nationals from March 31, using a new database developed by the National Centre for Information Technology (NCIT). This registration will eventually be extended to expatriate workers of all nationalities, who make up a third of the Maldives’ population.

Police and the Maldives National Defence Force (MNDF) would assist with the registration process, the ministers explained.

Latheef said that the decision implemented recommendations in the as-yet unreleased report produced by the MNDF after it took over counters at immigration and the labour department for two weeks in July 2011.

That investigation unearthed an industry worth an estimated US$123 million and a chain of paper companies being used by unscrupulous recruitment agents, who solicit labourers from mostly Bangladesh with the promise of well-paid jobs in the Maldives, confiscate their passports, and either abandon or offer them different, poorly paid jobs on arrival.

Head of the Commercial Crime Unit, Inspector Mohamed Riyaz, revealed at the time that police had seized 4000 passports confiscated from trafficked workers during the two week takeover, and that two of the seven bogus companies identified as trafficking workers, Ozone Investments Pvt Ltd and Arisco Maldives Pvt Ltd, had brought in 3000 workers between them.

Using the fake companies, the traffickers fraudulently obtained work permit quotas for non-existent projects from the Human Resources Ministry by stealing the identities of unwitting, bribed or complicit Maldivians, or even the deceased. Police had received many complaints about such forgeries from the confused third party, Riyaz said.

Many of the quotas requested from the Human Resources Ministry had been approved despite obvious warning signs such as the importing of construction workers for specialised IT projects, he noted.

Foreign Minister Ahmed Naseem referred Minivan News to the Anti-Corruption Commission (ACC) when asked for comment as to the extent that corruption had allowed the practice to thrive.

“We are deeply involved in this and are taking steps to counter [human trafficking],” Naseem said.

Prosecuting traffickers was difficult because many victims were reluctant to come forward because of their illegal status, he said.

“Many will not seek legal recourse even if puts them in a very difficult situation,” he observed. “They have sold everything to come here.”

Latheef told Minivan News that the government would extend a part amnesty to the estimated 20,000 illegal workers in the country, inviting them to register and seek employment from a willing sponsor, and legalise their presence in the country.

“They will be given a second chance to register and try to find a local employer,” he said. “But if they have no employment, they will have to leave.”

The government has also submitted a bill on human trafficking to the parliament. A report into the practice was due to be released Human Rights Commission of the Maldives (HRCM) on Human Rights Day, December 10, but has not yet appeared.

Minivan News in 2010 reported a steep rise in human trafficking, which was calculated to eclipse fishing as the second largest contributor of foreign currency to the Maldives after tourism.

That same year, the United States’ State Department placed the Maldives on its Tier 2 Watchlist for Human Trafficking, following a report that Bangladeshi workers were being exploited in high numbers by fake companies promising work permits.

In December 2011 the Maldives was admitted to the International Organisation for Migration (IOM), another significant step towards improving the welfare and lifestyle of migrant workers.

However racism, mistreatment and intolerance towards expatriate workers remains widespread in Maldivian society.

At a meeting in June 2011, members of the Male’ City Council  offered solutions to “the nusiance and bother of expatriates [congregating] at the Republic Square” in the capital.

“[Mid-Henveiru Councillor] Lufshan [Shakeeb] noted that foreigners at the Republic Square were damaging the grass in a number of ways and said that the area should be walled off with a tin fence and cleaned,” read the minutes.

The discussion came under an agenda item titled “Making a decision on the nuisance and bother of Bangalhun [derogatory term for Bangladeshis] at the Republic Square and the problem of Bangalhun sleeping inside the old museum at Sultan Park.”

Machangoalhi South Councillor “Jambu” Hassan Afeef meanwhile claimed that expatriates were “committing indecent acts” behind the National Museum site and other open spaces in Sultan Park, recommending that the grounds be closed to the public.

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