Nexbis not consulted over US border control deal

Malaysian mobile security firm Nexbis has said it has not been consulted or provided any details regarding a Memorandum of Understanding (MOU) signed Thursday (March 28) by the US government, to provide a border control system to the Maldives.

Representatives for the Malaysian company said it was uncertain what the MOU would mean for the group’s own border control technology that has been in use since September 2012, as part of a troubled concession agreement with the Maldives government.

Nexbis signed a “legally binding” deal in 2010 to provide a customised border control system under a ‘build, operate and transfer’ agreement to Maldivian authorities that still remains in use at present. The deal is presently the subject of legal wrangling over whether the Anti-Corruption Commission (ACC) has the power to demand termination of the contract. Parliament has also voted to cancel the system, but this is subject to a court injunction.

Earlier this week, Immigration Controller Dr Mohamed Ali said it was too early to tell if the new border controls being provided for free by the US would be a direct replacement for the system provided by Nexbis.

Lawyers representing the Malaysian firm have told Minivan News that official enquiries had now been sent to the Department of Immigration and Emigration and the Maldives Ministry of Defence, while attempts were also being made to contact the government over where their agreement now stood.

“We do remain confident that the Maldivian government will honour its obligations under the 2010 concession agreement,” read a statement from lawyers representing the company.

“We are confident also of the support we have received by the Immigration Department in implementing and fully operating the system, but remain cautious of individuals that continue to pose obstacles to prevent the success of this project is stemming the national security issues faced by the Maldives today.”

The border control system project contract was awarded to Nexbis for a period of 22 years by the previous government, however, parliament voted unanimously to terminate the agreement in December 2012 over allegations of “foul play”.

Nexbis has refuted allegations of corruption, later seeking a legal injunction in the country to prevent any cancellation of the agreement while court hearings over the contract were still ongoing.

Under the concession agreement, Nexbis’ lawyers said the company continues to work with the Maldives government and immigration department to personalise the system and its various components.  The company claimed the developments were a result of its own investment in the project, with the implementation taking place at no direct cost to the government.

Under the agreement, Nexbis agreed to levy a fee of US$2 from arriving and departing passengers in exchange for installing, maintaining and upgrading its immigration system, and a fee of US$15 for every work permit card issued.

Lawyers for the company added that it planned to continue working with state officials on developing the system going forward.

“There are more features and functionality of the system that will progressively be rolled out by the Department of Immigration for nationwide enforcement, foreign worker management and automation as well as further enhancements to security that will aid the government to address human trafficking issues and illegal foreign workers,” read a statement from Nexbis representatives.

US agreement

Defence Minister Mohamed Nazim and US Ambassador to Sri Lanka and the Maldives Michele J Sison signed an MOU that will see a US technical team coming to the country next month to begin work on planning and implementing a border system, according to local media.  The system is scheduled to be installed by June this year.

Defence Minister Nazim said during the signing that the system proposed under the MOU would be provided free of charge to the Maldives in a move he estimated would save the country MVR500 million (US$35 million), according to Sun Online.

Minivan News was awaiting a response from Nazim at time of press.

Local media reported that the border controls would be based around the US Personal Identification Secure Comparison and Evaluation System (PISCES).  The same technology is reported to be used not only at US airports, but in a number of other countries including Pakistan, Afghanistan, Iraq and Thailand.

Maldivian staff are also expected to receive training on using the biometric-based system, as well as assistance with any expansion to the system in future, Sun Online has reported.

Immigration sources had told Minivan News earlier this month that the country faced a potential return to “pen and paper” border controls should the government be made to cancel its agreement with Nexbis without an adequate replacement.

Nexbis has meanwhile refuted allegations of any corruption or wrong-doing in the awarding of the contract, and said it would not rule out criminal involvement behind attempts to “sabotage” the deal.

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US to provide Maldives with cost-free border control system

The US government has signed a Memorandum of Understanding (MOU) with the Maldives government to provide it with a border system after several years of uncertainty and legal wrangling over the future of the country’s immigration controls.

Defence Minister Mohamed Nazim and US Ambassador to Sri Lanka and the Maldives Michele J Sison signed an MOU that will see a US technical team coming to the country next month to begin work on planning and implementing a new border system, according to local media. The system is scheduled to be installed by June this year.

Speaking to Minivan News , Immigration Controller Dr Mohamed Ali said it was too early to tell if the new border controls would be a direct replacement for the system provided by Malaysia-based IT group Nexbis.  Nexbis is currently awaiting a decision by higher courts in the Maldives over whether anti-corruption authorities have the right to terminate its agreement with the government.

“We will have to see [what the agreement means for the government’s concession agreement with Nexbis]. Details need to be worked out,” stated Dr Ali, who did not elaborate further.

Immigration sources had told Minivan News earlier this month that the country faced a potential return to “pen and paper” border controls should the government be made to cancel its agreement with Nexbis without an adequate replacement.

The Nexbis border control system is still presently in use by immigration officials at Ibrahim Nasir International Airport (INIA), after the Supreme Court issued an injunction halting the scrapping of the controversial system by parliament.

Cost-free system

Defence Minister Nazim said that the system proposed under the MOU would be provided free of charge to the Maldives in a move he estimated would save the country MVR500 million (US$35 million), according to Sun Online.

Local media reported that the border controls would be based around its Personal Identification Secure Comparison and Evaluation System (PISCES).  The same technology is reported to be used not only at US airports, but in a number of other countries including Pakistan, Afghanistan, Iraq and Thailand.

Maldivian staff are also expected to receive training on using the biometric-based system, as well as assistance with any expansion to the system in future, Sun Online has reported.

Prior to the announcement of the MOU, former Immigration Controller and now State Defence Minister Ilyas Hussain Ibrahim was quoted in local media as raising concerns that US involvement in the border control system would allow the country to exert its influence on Maldivian affairs.

Ilyas told the Channel News Maldives publication that the system would serve to provide a “door for American influence” by allowing the US to take control of the system and use it to locate foreign nationals whenever it wished.

When contacted by Minivan News today, Ilyas said he did not have any comments on the matter as he was no longer involved with the immigration department, and requested any questions be forwarded to Defence Minister Nazim.

However, Nazim asked that any questions regarding the system be sent to him by email. Minivan News was awaiting a response at time of press.

Earlier this month, outgoing Indian High Commissioner Dnyaneshwar Mulay formally handed over a new Advance Passenger Information System (APIS) to immigration authorities at INIA that was designed to provide passport information and other details of incoming travellers before their arrival.

The system was not intended to be a direct replacement for the existing border control system provided by Nexbis, authorities said at the time.

Nexbis

Nexbis is currently involved in legal wrangling over whether the Maldives’ Anti-Corruption Commission (ACC) has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

While refuting allegations of any corruption or wrongdoing in being awarded a contract under the previous government to install and operate a border control system for the Maldives, Nexbis earlier this year said it would not rule out criminal involvement behind attempts to “sabotage” its contract with the government.

However, a source with knowledge of current immigration practices had previously said no alternative border control system was available should the government terminate its concession agreement with Nexbis.

“So far we don’t have any alternative to the [Nexbis] system going forward. We are using the system and waiting for the courts to decide. However, if the court decides [in favour of the ACC], we will need a new system in place,” the source told Minivan News. “Without [an alternative], the system would go haywire. A replacement would have to be found. We cannot go back to the 1970s and just use books and paper.”

Minivan News was awaiting a response on the MOU from Nexbis’ local legal representatives at time of press.

Human trafficking

The MOU has been signed at a time when the Maldives has come under increasing scrutiny regarding its immigration control.

The country has appeared on the US State Department’s Tier Two Watch List for Human Trafficking for three years in a row.

Back in January this year, the Ministry of Foreign Affairs inaugurated an initiative aimed at raising awareness of human trafficking issues in the Maldives.

Despite these commitments, the Human Rights Commission of Maldives (HRCM) has accused state and private sector employers in the country of lacking consistency in their efforts to address human trafficking, preventing “real” change in controlling illegal migration.

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Attorney general appeals 15 year-old girl’s flogging sentence as authorities contemplate legal reforms

Attorney General (AG) Azima Shukoor has appealed a court decision to sentence a 15 year-old girl alleged to be the victim of multiple cases of sexual abuse to 100 lashes on charges of fornication, the government confirmed today.

The Juvenile Court sentenced the girl after she confessed to authorities of having consensual sex with an unknown man during investigations into a separate case of abuse against the minor.  The abuse was alleged to have been carried out by her stepfather.

President Mohamed Waheed’s government has previously criticised the verdict, pledging back  in January to review the use of flogging as a punishment for sexual offences – a practice it has alleged in some cases actually serves to punish victims of rape and abuse.

Sources on Feydhoo in Shaviyani Atoll, where the 15 year-old girl originates from, last week told Minivan News that concerns had been raised by islanders since 2009 that the minor had allegedly been the victim of sexual abuse not just by her stepfather, but by a number of other unidentified men on the island.

The case has brought international attention to the country’s legal system, including the launch of an online Avaaz.org petition signed by 1.3 million people that threatens to boycott Maldivian tourism, as well as public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

In a statement posted on his website yesterday (March 26), Branson spoke of the “enormous damage” he believed the verdict was causing the country. As a result, Branson said he had written to President Waheed, who in turn claimed he had pledged to review the case through a ministerial committee.

“The attorney general has now appealed the case on behalf of the child,” Branson wrote.

Speaking to Minivan News today, President’s Office Spokesperson Masood Imad confirmed that the attorney general had now appealed the court’s ruling, but that he was still waiting on the exact details from the AG’s Office. Massod added that further details would be provided on the appeal later this week.

He was also unable to confirm if a time-line had yet been established for consultations between various state bodies to oversee any proposed reforms to the legal system.

Legal reform

The Maldives Constitution does not allow any law that contradicts the tenets of Islam, with the criminal charge of fornication outlined under Islamic Sharia.

However, Masood has previously noted that the Maldives had a tradition of turning away from practices such as the death sentence and corporal punishment that form part of Sharia law.

According to Masood, punishments such as removing the hand of a suspect in the case of theft had not been used since back in the 1960′s.

He maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

Masood said that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

Avoiding prosecution

A senior legal expert with experience of working under both the present and former governments has told Minivan News that that while the Maldives Constitution requires that laws in the country do not contradict Islamic Sharia, there were ways of avoiding prosecuting suspects on charges of fornication.

“There are many Islamic legal interpretations that place several conditions to fulfill before a prosecution on fornication be brought forward. Some scholars even go further and argue that hudood offences cannot be practiced in the legal justice systems at the current time,” claimed the legal source, who spoke on condition of anonymity.

“Their argument is that Islamic Sharia is a way of life and you cannot pick and choose which areas you need to implement. Basically, you cannot implement Islamic criminal justice system in its original form when Islamic commercial system or Islamic governance is not observed.”

Addressing the wider issues of how minors were identified and viewed in the eyes of Maldivian law, the legal source added that the culpability of children was identified in a regulation called ‘Kuda kudhin kuraa kushuge masala thah balai, thahugeegu koh, insaafu koh, adhabu dhinumugai amalu kuraane gothuge gavaidu’

The legal source said that the culpability of minors is specifically dealt with in section five of the regulations.

“According to section five, children above the age of 10 and below the age of 15 are criminally responsible for five offences, which are apostasy, treason, fornication, falsely accusing fornication and consumption of alcohol,” the source said.

“Children above 15 years are criminally responsible for their actions. With children who are below 10, parents are required to make good any damage because of a criminal act. There is no criminal liability for below 10.”

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali had his phone switched off at time of press.

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DRP, MDP oppose amendments to “take power” from local councils

The government-aligned Dhivehi Rayyithunge Party (DRP) has said it would not support any measures that “take power” from local councils after parliament today voted to reject amending the Decentralisation Act.

DRP Deputy Leader Dr Abdulla Mausoom said that while the party might consider some “balancing measures” to enforce controls on councils to combat political bias, it would not favour efforts to curb their powers.

The claims were made as parliament today rejected an amendment to the Decentralisation Act that proposed a number of changes, including dissolving councils which rejected the legitimacy of any serving government.

The opposition Maldivian Democratic Party (MDP) said the vote reflected increasing support even among government-aligned parties for decentralised governance, despite what it alleges are continuous “politically motivated” attempts to undermine local councils.

Government-aligned Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed had proposed the decentralisation amendments, which were rejected by 30 MPs today in parliament. According to local media, 13 MPs were in support of the proposed amendments.

Local news service Sun Online reported that the proposals contained nine amendments to the act, that would also grant the government stronger control over municipal councils including their right to lease land and lagoons.

MP Rasheed was not responding to calls from Minivan News at time of press.

Council powers

Dr Mausoom said the DRP did not support the proposed amendments, believing that local councils at island and municipal level needed to be empowered and improved, rather than weakened.

“The DRP will not support taking away their powers,” he said.

Addressing the challenges facing decentralised governance across the Maldives, Dr Mausoom claimed that the distribution by councils of already limited resources to their constituents was in certain cases being impacted by political bias.

He contended that some councils had been reported to provide services and resource along party lines, possibly requiring in future some form of measures to ensure all members of the public were being treated equally.

Dr Mausoom denied DRP dominated councils may be favouring their own members however, while praising the overall majority of councillors for how they were conducting their duties.

“Some MDP and Progressive Party of Maldives (PPM) councils are dong very well, but others are biased in their work,” he added.

A few months after the formation of local councils back in 2011, former opposition and state figures expressed concern to Minivan News that general inexperience among local councillors and obstruction by the government of former President Nasheed had led to some significant teething problems for the decentralisation process.

“Ridiculous” amendments

MDP Spokesperson and MP Hamid Abdul Ghafoor today claimed that while a number of MPs aligned to the present government had continued to try and reverse decentralisation, the DRP was more openly supporting councils against “ridiculous” amendments such as those proposed by MP Riyaz Rasheed.

Hamid alleged that the DRP had in the past “not believed” in decentralisation that was introduced following inaugural local council elections in 2011.

However, he claimed there had been an apparent change in policy since a split within the DRP that saw a number of members including its founder and former President Maumoon Abdul Gayoom break away and form the PPM, which now holds the minority leadership within parliament.

Speaking following today’s parliamentary vote, Hamid said that despite the amendments being rejected, other government-aligned parties were constantly working on legislation that would reverse decentralisation introduced following inaugural local council elections in February 2011.

“They are trying to reverse what we have gained,” he claimed. “[When decentralisation was passed] we got about 60 percent of what we wanted for these councils. The DRP had a huge majority back then and made life very difficult for us. They were able to overturn our plans for financial decentralisation.”

Hamid said he believed the present DRP members, which include former senior members of former President Gayoom’s autocratic government, had shown there was support for retaining local councils.

However, he accused government-aligned parties of backing a “constant number” of amendments to the Decentralisation Act that directly target opposition-led bodies such as Male’ City Council (MCC).

‘Usfasgandu’ issue

The MCC has notably been locked in legal wrangling with the Housing Ministry over the last 12 months concerning its ability to lease an area of land known as “Usfasgandu” to the MDP for use as a staging ground for protests and other activities.

Usfasgandu was handed back to the Maldivian Democratic Party (MDP) by Male’ City Council earlier this week.

The area was cordoned off by police in January after the High Court issued a warrant requesting the area be kept under police custody until it reached a verdict on the case.

Male’ City Council leased the Usfasgandu area to the ousted ruling party in March 2012, prompting repeated attempts by the government to reclaim the area on the grounds it was being used for criminal activity, including the practice of black magic.

The MDP had moved to the area after a previous protest camp at the tsunami monument was dismantled and completely repainted by police and military on March 19, 2012.

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Restrictions on foreign investment to remain under amended business registration bill

A ban on foreign investment in the Maldives involving capital of under US$5 million will continue under amendments to the country’s Business Registration Bill proposed by parliament.

The health, accounting, taxation and financial services sectors will be exempted from the minimum investment requirement. However involvement in any other sector will require a foreign national to have capital of over US$5 million and a deposit of US$1 million with a group approved by the Maldivian government, local media has reported.

Parliament’s Committee on Economic Affairs omitted a proposed amendment from the latest draft of the Business Registration Bill, that would have potentially opened up smaller businesses such as retail and coffee shops to foreign investors.

The Maldives National Chamber of Commerce and Industries (MNCCI) has called for even tighter restrictions on specific sectors, stating a need to protect smaller-scale local businesses such as restaurants and retail outlets.

Former Minister of Economic Development Minister Mahmoud Razee said the Business Registration Bill was designed to open up new forms of capital from foreign investors in areas such as large-scale agriculture and fisheries projects, rather than allowing foreigners to directly compete with local retail businesses.

President Dr Mohamed Waheed has returned the bill after it was passed by parliament in June 2012, citing unspecified “socio-economic” concerns.

According to the Sun Online, President Waheed opted not to ratify the bill over concerns it would abolish a law restricting foreign involvement in imports, cafes and canteens.

The bill is also reported to include provisions restricting foreigners to involvement in the wholesale trade,  with the exception of duty free stores, while also restricting businesses said to be ‘against the interest of the Maldivian public’.

Investment friendly

MNCCI Vice President Ishmael Asif told Minivan News that foreign investment should be opened up in the Maldives, but only in terms of large-scale projects like resort development and infrastructure – areas where Maldivians lacked sufficient experience.

Responding to the latest draft of the bill, Asif contended that the Maldives had always been “very friendly” to foreign investors and would continue to welcome large-scale projects such as resort and airport development.

The government last November cancelled the country’s largest single foreign investment project – a US$511 concession agreement with Indian infrastructure giant GMR to manage and develop a new terminal at Ibrahim Nasir International Airport, declaring the sovereign agreement “void” from the start. The company was then given seven days to leave.

Asif said while the MNCCI had not yet had any input on the current iteration of the bill since it was returned to parliament, it was concerned about provisions allowing a foreigner with over US$5 million in capital to invest in any sector.

Asif said that the chamber of commerce favoured sector-specific restrictions that would outlaw any foreigner from investing in areas such as retail or food and beverage. However, he maintained that opportunities should remain for international investors to join with medium-sized local businesses in the form of joint ventures.

With the bill undergoing review at parliamentary level, Asif accused regulators of remaining far behind the industry, pointing to the emergence of online consumers and the lack of an international secure payment service like ‘Paypal’.

“A lot of the time regulators are far too behind the industry. The focus of the bill should be to encourage enterprise here,” he said.

Business Registration Bill

Razee said the business registration bill was devised under the Nasheed administration to open new areas for foreign investment, as well boost the capabilities of national industries in the longer-term.

He added that investment areas such as in the retail sector would have been protected from direct competition from foreign investors, while  large-scale investment in areas such as agriculture and the fisheries sector would be promoted.

The bill was first proposed as part of a wider economic reform package championed by Nasheed’s administration, which was further revised following consultations in 2011 with the International Monetary Fund (IMF).

These policies included introducing a general Goods and Services Tax (GST), raising import duties on pork, tobacco, alcohol and plastic products, raising the Tourism Goods and Services Tax (T-GST) to six percent, and reducing import duties on certain products.

Razee said last year that the registration bill was intended to provide a “clearer means” for facilitating foreign investment in the Maldives.

“We were trying to make it easier for foreign shareholders to register here,” he said.

Acting Minister of Finance and Treasury Ahmed Mohamed, State Minister for Finance Abbas Adil Riza, and Presidents Office Spokesperson Masood Imad were not responding to calls at the time of press.

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Maldives failed “at every level” to protect minor charged with fornication from years of abuse

Additional reporting by JJ Robinson.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect a 15 year-old girl convicted of fornication and sentenced to flogging, despite her history of alleged sexual abuse dating back to 2009.

While the case has only recently received global media coverage, local councilors and woman rights groups told Minivan News that authorities failed for years to address “public uproar” over the child’s alleged abuse.

The girl from the island of Feydhoo in Shaviyani Atoll is currently in the care of the Ministry of Gender and Family. She was identified as a victim of child abuse last year after the body of a dead baby was discovered buried in the outdoor shower area of her family home.

Her stepfather was later charged child sexual abuse, possession of pornographic materials and committing premeditated murder, while her mother also faces charges for concealing the alleged sexual offences.

However, during the course of investigations into the case, officials told Minivan News that the state had no choice but to press fornication charges against the minor after she confessed to having what she claimed was consensual sex with an unidentified man.  She now faces 100 lashes in public when she turns 18 – a sentence the President’s Office this week said it would try to avert amid growing international censure and debate over corporal punishment and reform of the country’s Sharia-based judicial system.

The case has led to intense global media scrutiny and an online campaign by petition website Avaaz.org, which gathered almost a million signatures in two days – more than the number of tourists who visited the country last year.

With Maldivian authorities and child protection bodies now in the global spotlight, Aneesa Ahmed, Chairperson for the Hope for Women NGO, said councilors from Shaviyani Atoll had been expressing concerns to authorities about the girl’s safety for several years.

Aneesa said the inaction of a wide variety of institutions in response to these concerns reflected the state’s failure “at every level” to try and protect from abuse.

“All institutions, including the counsellor – if she had one while being interrogated by police – failed, because I am told her case was reported as early as 2009,” she added.

Speaking on Thursday (March 21),  Atoll Council President Moosa Fathy said police had conducted numerous investigations into the girl’s situation since 2009 in response to concerns raised by councillors on Feydhoo.

However, Fathy said the girl had ultimately been left in the custody of her mother and stepfather even after she was found to pregnant. He blamed the “limited facilities” available to house and protect the girl, as well as a lack of budget, management and staff to shelter vulnerable young people.

“The police thoroughly investigated the matter, but the response of many organisations simply was not good enough,” Fathy said. “Even now the problem has not been solved.”

Fathy said that rather than blaming a single state or civil society organisation for the girl’s ongoing abuse, every institution charged with the girl’s care had to take responsibility for the matter.

“This girl needed special care. There are special shelters where she would have been safe, but I understand there is not enough budget or staff and general administrative mechanisms to run such programs,” he said.

Fathy said he had been raising concerns about the girl’s welfare for the last two years, and said he had also tried unsuccessfully to meet with former Gender Minister Dhiyana Saeed while she was still in her post to discuss the case.

Island uproar

Sources on Feydhooo have meanwhile told Minivan News that concerns had been raised by islanders since 2009 that the girl had potentially been the victim of sexual abuse not just by her stepfather, but a number of other unidentified men on the island.

However, the island council claimed the victim’s unwillingness to tell authorities about her alleged abuse meant she remained living with her mother and stepfather.

Island Councillor Ibrahim Naushaad told Minivan News that upon discovering the child was pregnant last year,  police and the Gender Ministry failed to remove the girl to a shelter.

“The police and gender ministry didn’t take responsibility or provide counselling to the girl,” he said. “The police and ministry investigated, but we don’t know what she said to them.”

Naushaad said the minor presently remained under the care of the Gender Ministry as she was unable to be returned to Feydhooo, as her biological father was being severely disabled and unable to support or look after his daughter.

“Same thing could happen again”

Naushaad alleged that several men on the island who were also believed to have had sex with the minor remained unidentified, leaving her at risk of further abuse should she return to the island.

“The Human Rights and Gender Ministry asked if they could send her back to the island, but I have explained that her father would be unable to look after her and keep an eye on her,” he said. “If they send her back here, the same thing could happen again.”

According to Naushaad, the minor was questioned by police on at least four separate occasions, but he said she had been unwilling to state whether she had faced sexual abuse from her family or other men on the island.

Sources on the island said that the perception was that the minor, along with her mother and stepfather, were believed to have been “lying” to police investigators.

Naushaad told Minivan News there remained concern among islanders that the girl had now been charged by the country’s court with fornication, after being found guilty of having sex with an unidentified partner.

“They did not identify who this man was and that is why we have concerns about what they are doing. This is not good,” he said.

Naushaad claimed the council done everything it could to try and take responsibility for the matter by continually raising concerns with authorities since back in 2009.

Legal review

After the minor was first charged with fornication in January, the government pledged to review the  use of flogging as a punishment and legal practices it claimed, in certain cases, criminalise victims of sexual abuse.

While there is no timetable for reforms to be put in place, President’s Office Spokesperson Masood Imad expressed hope on that punishments such as flogging would be debated and one day repealed.

“I’m sure when we debate [punishing suspects for fornication with lashes], we will find an acceptable solution for all parties,” he said.

The Maldives constitution does not allow any law contradicting the tenets of Islam, and the legal system defaults to Sharia law in areas not covered by common law.

The last statistics available from the Department of Judicial Administration on flogging sentences show that 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female.

A total of 129 fornication cases were filed in 2011 and 104 people sentenced, out of which 93 were female. This included 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

According to Maldivian law, a person found guilty of fornication is subjected to 100 lashes and sentenced to one year of house arrest or banishment while a minor’s flogging is postponed until she or he reaches 18.

History of selective enforcement

Masood noted that the Maldives had a tradition of turning away from practices such as the death sentence and forms of corporal punishment, even where these were proscribed in Sharia.

According to Masood, punishments such as removing the hand of a suspect in the case of theft had not been used since the 1960s.

He maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

However, Masood said that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

“Reforms must be undertaken, but this must be done gradually considering we are dealing with a process embedded in society,” he said. “A certain amount of compromise may be needed.”

Masood said the state was committed to preventing the minor from facing her sentence, while also looking at the potential for reversing the use of flogging as a traditional punishment.

“The little girl will not be flogged for another two years, so we must look at what can be done [in the meantime],” he said.

However the conservative religious Adhaalath Party – the members of which largely dominate the Maldives’ Ministry of Islamic Affairs – has already publicly warned that “no one has the right to criticise any penalties specified in Islam.”

Quoting verses from the Quran, a statement from the party said that no citizen should be allowed to express ideas and opinions about a verdict made in accordance with the religion in a court of law in a 100-percent Muslim country.

The Adhaalath Party further cautioned that criticising issues such as the girl’s flogging sentence would “encourage enemies of Islam, create confusion among the general public and open up opportunities for people who aim to stop the practice of similar penalties commanded in Islam.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” the statement read.

The Prosecutor General’s (PG’s) Office has confirmed to Minivan News that it was not presently involved with any discussions over possible legal reforms of charges like fornication. Such a mandate lay with Attorney General Azinma Shukoor, the PG’s office said.

Shukoor, who was also recently appointed the current Acting Minister of Gender, Family and Human Rights, was not responding to calls from Minivan News at time of press.

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Domestic Violence Act has done little to curb abuse due to lack of implementation: Hope for Women

The Maldives’ ratification last year of a Domestic Violence Act has done little to curb the abuse of women, minors and other vulnerable people despite provisions to do so, a leading civil society expert and former gender minister has said.

Aneesa Ahmed, Chairperson for the Hope for Women NGO, told Minivan News that despite extensive provisions in the act, little progress had been made by police, the judiciary and wider Maldivian society to address domestic violence and abuse.

“The problem we are seeing is that measures provided in the act are not being implemented. There is no mechanisms to do that. Police have been preparing for the act, but they are handicapped in doing so,” Aneesa claimed.

“There are no safe houses, no shelters for victims of abuse. The act doesn’t solve the problem on its own, we need education and a greater understanding or rights and the need for sensitivity.”

Aneesa’s comments were made after 130 UN member states last Friday (March 15) signed up to a plan to try and prevent violence towards women and girls as part of a wider international strategy.

The declaration calling for an end to gender-based violence was passed despite opposition from Russia, the Vatican and a number of unidentified Islamic nations.

“Iran, Libya, Sudan and other Muslim nations ended threats to block the declaration and agreed to language stating that violence against women could not be justified by ‘any custom, tradition or religious consideration,'” reported AFP.

One year later

With the Maldives having passed it’s own Domestic Violence Act last year, Aneesa contended that there remained a lack of support and understanding of the need for sensitivity in dealing with all victims of domestic abuse at both a legislative and societal level.

She contended that such support was lacking for all victims protected under the bill, which includes men, women and children.

Pointing specifically to challenges currently facing women, the issue of empowering the country’s female population – both financially and through education – remained a particular problem in the country, according to Aneesa.

“Women [suffering from domestic abuse of violence] are reluctant to leave their children, but often have no way of supporting themselves, even within their own families,” she said. “The situation here for victims is bad, not much has been done to raise awareness.”

Aneesa claimed that even in cases where women have gone to seek legal action against an abusive partner, the country’s courts were seen as a hostile environment for such cases, even to those experienced with dealing with the judicial system.

She also raised the issue of reluctance among friends of abuse victims to go to courts on their behalf, stating that there was often uncertainty over whether they would be protected from potential reprisals for going to the authorities. These concerns were identified by Hope for Women as another example of the wider lack of understanding on legal rights provided to abuse victims.

Aneesa added that abuse victims on a number of occasions had sought assistance from Hope for Women, pointing to the case of a woman who had filed for divorce from an abusive partner back in August 2011.

She said that after leaving her husband, the victim was said to have forfeited her custody of her child.

Upon later regaining custody of the child, Aneesa added that both the mother and her family continued to suffer both mental and physical abuse from the victim’s husband – on occasion leading to intervention from the police.

However, despite this intervention, Hope for Women claimed that not a single hearing had been held on the case in the country’s courts, with the husband refusing to attend on any scheduled dates.

This has lead Hope for Women to directly appeal to higher legal authorities including court watchdog, the Judicial Services Commission (JSC), according to Aneesa.

“Nothing has been done since 2011 on this case,” she said.

Aneesa added that there was a need for legal authorities and society to be “sensitised” in dealing with victims of domestic abuse, while also pointing to a parallel need for the rehabilitation of offenders.

“Both the courts and the state lack sensitivity in dealing with these cases, while judges also need to be sensitised,” she said.

Hope for Women NGO is looking to travel to islands across the country, while leaflets have also been prepared containing information for women on their rights under the law.

Acting Minister of Gender, Family and Human Rights Azima Shukoor was not responding to calls from Minivan News at time of press.

Gender equality

During International Women’s Day earlier this month, former and current Maldivian presidents of the Maldives all spoke on what they said was the importance of gender equality to national development.

Despite the calls of some of the nation’s most senior political figures, a recent national study found support for women’s equality was found to have experienced a “significant drop” despite overall progress in improving the human rights situation nationally.

The conclusions were made in the Human Rights Commission of the Maldives (HRCM’s) second baseline survey on behaviors and attitudes regarding human rights in the Maldives, which was published December 10, 2012.

The ‘Rights’ Side of Life’ survey noted increasingly conservative attitudes towards gender roles, particularly among women themselves.

“In every case, women agreed with the particular justification for violence more often than men did,” the report found.

“In the case of some answers, the difference was considerable. For example, 45.1 percent  of women considered that husbands had good reason to beat their wives if they were disobeyed, but only 25.7 percent of men agreed with this proposition. Similarly, 28.3 percent of women said that refusing to have sex with their husband was justification for beating them, though only 12.8 percent of men thought this.”

According to the study, 57.1 percent of men believed it acceptable to beat their wives for “going against Islam”, while 71.6 percent of women felt this was acceptable.

The study also acknowledged under-reporting of the issue due to the public nature of the focus groups.

“Men’s groups tended, for example, to condemn violence by men when it was apparent from other views that they expressed that they considered that there were circumstances when such violence was justified. It was also apparent that a number of the women in the focus groups were not prepared to say the same things in public that they would express in private. Similarly, the male discussion groups publicly condemned behaviour that they were prepared to support in private,” the report noted.
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Maldives facing prospect of ‘pen and paper’ border control should Nexbis fall through

Maldivian border control faces an uncertain future and a potential reversion to a ‘pen and paper’ system, an informed immigration source has warned.

The warning follows the donation of a passenger information system by the Indian government, in a bid to strengthen the Maldives’ ability to monitor arrivals.

The new Advance Passenger Information System (APIS), which is designed to provide passport information and other details of incoming travellers before their arrival, was formally handed to Maldivian officials on Sunday (March 17) by outgoing Indian High Commissioner Dnyaneshwar Mulay.

The system has been in place at Ibrahim Nasir International Airport (INIA) for the last few months and is one of a number of components used by immigration officials.

According to the Indian High Commission, the system was requested by the previous government and installed by a special technical team to ensure it functions correctly.

The APIS technology is not however a direct replacement for the existing border control system, provided by Malaysia-based Nexbis, authorities in the country have said.

Nexbis is currently involved in legal wrangling over whether the country’s Anti-Corruption Commission (ACC) has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

The Nexbis border control system is still presently in use by immigration officials at INIA, after the Supreme Court issued an injunction halting the scrapping of the controversial system by parliament.

However, a source with knowledge of current immigration practices said no alternative border control system was available should the government terminate its concession agreement with Nexbis’.

“So far we don’t have any alternative to the [Nexbis] system going forward. We are using the system and waiting for the courts to decide. However, if the court decides [in favour of the ACC], we will need a new system in place,” the source told Minivan News. “Without [an alternative], the system would go haywire. A replacement would have to be found. We cannot go back to the 1970s and just use books and paper.”

The Indian APIS system will speed up the processing of arrivals through the immigration gates, as well as improve wider resources available to immigration officials, the source said.

APIS system is an internationally recognised means of collecting passenger data before an individual arrives at their destination, designed to allow immigration authorities to know if anyone on an incoming service is included on a watch-list or travel ban, authorities have said.

“Use of the system is mandatory for some countries, though not for the Maldives yet,” the source added. “Before they arrive, the system can identify if a passenger is on a watch-list and spot them. This process can be done much quicker now [by immigration officials].”

The data included within the APIS is provided by two of the world’s largest air authorities including the International Air Transport Association (IATA).

Although its use is mandatory for all services into Europe, the service is not at present required for all flight services to the Maldives, according to the source.

“Now we need a mandatory legal framework to make airlines coming into the country comply,” added the source. “There is a heavy charge for using this software, but I don’t think we have to pay at the moment as India has donated the technology.”

Despite legal wrangling over the future of the controversial border control agreement with Nexbis, the same source added that APIS would be compatible with any system used by authorities.

Immigration Controller Dr Mohamed Ali was not responding to calls from Minivan News at time of press.

Trafficking  concerns

While refuting allegations of any corruption or wrongdoing in being awarded a contract under the previous government to install and operate a border control system for the Maldives, Nexbis earlier this year said it would not rule out criminal involvement behind attempts to “sabotage” its contract with the government.

Immigration control has become a massive issue for the Maldives in recent years with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking for three years in a row.

Back in January this year, the Ministry of Foreign Affairs inaugurated an initiative targeted at raising awareness of human trafficking issues in the Maldives.

Despite these commitments, the Human Rights Commission of Maldives (HRCM) has accused state and private sector employers in the country of lacking consistency in their efforts to address human trafficking in recent years, preventing “real” change in controlling illegal migration.

Speaking back in February 2013, HRCM member Jeehan Mahmoud told Minivan News that despite attempts under the present government to try and introduce new legislation, the Maldives had made little progress towards improving the treatment and rights of foreign workers over the last four years.

Addressing the current scope of unregistered foreign labour, Maldives Association of Construction Industry (MACI) President Mohamed Ali Janah said an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he too could not rule out the involvement of organised crime within some of the country’s employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

Correction:  A previous version of this article incorrectly stated that the Supreme Court was set to rule on whether Nexbis’ agreement with the Maldivian government to install and operate a border control system was legal.  The court case is actually being held to decide on whether the ACC has the power to order a halt to the project.  Minivan News has corrected the error.

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DRP deputy contemplates election coalition, rules out PPM alliance

The government-aligned Dhivehi Rayithunge Party (DRP) has ruled out a coalition with the Progressive Party of Maldives (PPM) ahead of elections later this year, despite being open to collaboration with other parties.

DRP Deputy Leader Ibrahim Shareef told Minivan News the DRP would not contemplate forming a coalition with the PPM beyond the present government, calling any discussion on the matter a “waste of time” considering previous disagreements between the two parties.

The PPM, a coalition partner in the government of President Dr Mohamed Waheed Hassan Manik, was formed by DRP founder former President Maumoon Abdul Gayoom in 2011 following an acrimonious war of words with the party’s current leader, Ahmed Thasmeen Ali. Thasmeen was directly appointed by Gayoom to be his successor as head of the DRP.

PPM members are currently campaigning ahead of primaries to decide whether MP Abdulla Yameen or the party’s former interim Deputy Leader Umar Naseer will contest as the organisations presidential candidate in September’s elections.

Speaking Friday (March 15) at a rally head at the artificial beach area of Male’, PPM Deputy Leader Ilham Ahmed claimed that unlike MP Yameen, “almost all parties” have said they would unite with Umar Naseeer in a coalition for the next presidential elections, reported Sun Online.

Ilham told the gathered crowd that being able to form a coalition would be important in the upcoming elections, adding that no other party would be interested in forming an alliance with a party helmed by MP Yameen.

MP Ilham was not responding to calls at time of press, while Umar Naseer’s secretary said he was too busy to speak.

However, PPM MP and spokesperson for MP Yameen’s campaign team Shifaq Mufeed has since slammed Umar Naseer’s primary team for making what he called slanderous and untruthful statements.

With its own congress scheduled for next month, DRP Deputy Leader Ibrahim Shareef said the DRP was presently focusing on its own campaign and manifesto for the presidential elections, but believed the party would never be able to form an alliance with the PPM going forward.

“Our position is very clear, we will not be forming a coalition with the PPM,” he said.

Shareef said that following a split within the DRP that saw supporters loyal to former President Gayoom break away and form the PPM, it would not be possible for the two parties to work together.

“We won’t waste our time discussing a coalition with them,” he said.

Despite rejecting any possibility of working with the PPM, Shareef said that the DRP would not rule out a coalition with parties in the future who they had not already worked with, adding that there was always room for discussions to be held.

However, he claimed that the party was presently in the process of compiling its manifesto for elections to be held next year, while also trying to finalise a venue for the party’s congress scheduled next month.

“Right now we have not been able to get a venue, though we hope to secure Dharubaaruge [conference centre],” Shareef said. “We are not a wealthy party, so we cannot campaign like richer parties and we need to find a new way to do this. We don’t have our own television or radio stations like other parties.”

Spokespersons for the  Jumhoree Party (JP), Dhivehi Qaumee Party (DQP) and Adhaalath Party (AP) were not responding to calls at time of press.

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