JSC asks Supreme Court to look into legality of Hulhumale Magistrate Court

Former President Mohamed Nasheed’s legal team has stated that neither the Attorney General’s Office nor the Prosecutor General’s Office presented any arguments to confirm the legality of the Hulhumale’ Magistrate Court at Sunday’s hearing at the High Court.

Member of the legal team, Hisaan Hussain, however stated that the Judicial Services Commission (JSC) had used the opportunity to present its case.

At a press conference held Sunday, Hisaan further stated that they felt it would be unjust for the Hulhumale’ Magistrate Court to be presiding over any case after Nasheed’s case was temporarily halted over allegations of the court being unlawfully established.

JSC lawyer Abdul Fahthah stated in court today that the JSC had lodged a case at the Supreme Court on the same morning asking the court to look into the matter of the legality of the Hulhumale’ Magistrate Court.

Meanwhile, the Hulhumale’ Magistrate Court has stated that along with Nasheed’s trial, the trials of the other four persons regarding the arrest of Criminal Court Chief Judge Abdulla Mohamed have now been temporarily halted.

In addition to Nasheed, former Minister of Defence and National Security Tholhath Ibrahim Kaleyfanu, former Chief of Defence Force retired Major General Moosa Ali Jaleel, retired Brigadier General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are also being tried individually for the same case.

The Hulhumale’ Magistrate Court held the first hearing of Nasheed’s case on October 9. The second hearing had been scheduled for November 4, which was cancelled following the injunction granted Sunday morning by the High Court.

Nasheed’s legal team has previously raised concerns about the legality of the Hulhumale’ court, citing Article 141 (a) of the Constitution and Articles 53 (b) and 62 of the Maldives Judicature Act.

Minivan News was unable to contact the PG Office and the AG Office at the time of press.

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Bill on death penalty drafted, unclear on action on past sentences: AG Shakoor

Attorney General (AG) Azima Shakoor stated on Thursday that the government’s bill on implementing death penalty would be made public early in the coming week.

Speaking at a press conference in Velaanaage, Shakoor confirmed that the AG’s office had completed drafting the bill, which was now in the final stages of discussion. She confirmed that the bill would be made public on the office’s website in the coming week, stating the matter “is very much connected to public sentiments and a large number of people feel this matter needs a fast solution”.

Saying that “it was a pity” that three weeks had passed in the drafting stage, Shakoor said that unlike most other bills, the death penalty implementation bill was going through processes of in-depth research and further discussions among a high-level group appointed by the government.

According to Shakoor, the research took much longer than the state had expected, adding that the AG office had included the legal systems of Medina, Egypt and America in its research.

“I would like to point out that the death penalty is still implemented in over 50 countries across the world even today. Not all of these are even Islamic states. Nor is murder the only crime for which the sentence is given. For example, some countries sentence people to death for being caught trying to bring in narcotics to the country. We are considering all of these points and have made a comparative legal assessment,” Shakoor explained.

Other crimes besides murder which are punishable by death according to Islamic Sharia include apostasy, adultery, sodomy, rape and high treason.

“We need to conduct an academic exercise since we are trying to do this through a rather weak penal code,” Shakoor said.

“If this can be done before the penal code pending in parliament is passed, it might be best to include this as part of that code. Right now, we have drafted this with the thought that if the penal code gets passed up front, then this can be passed as a separate act on death penalty.”

Shakoor said that the bill was important as the current practice was to charge murder convicts under Article 88 of the existing penal code.

Article 88 of the Penal Code states that disobedience to order is a crime, while Article 88(c) details that if the result of violating the article leads to a death, the case should be dealt with according to Islamic Sharia.

Shakoor provided details of the drafted bill, stating it would be looking at the investigation stages, prosecution stages, sentencing and the implementation of sentences.

“The act looks into deciding on the number of judges who will sit on the sentencing panel. Furthermore it considers the rights of the family, the rights of the murder victim, the rights of the victim’s family, the final rights of the convict during sentencing,” Shakoor stated.

Responding to a question regarding how those sentenced to death prior to the bill being ratified would be dealt with, Shakoor said “it is difficult to give a straightforward answer as the final discussions on the bill have not yet been completed.”

“We too believe that answers to that must come to light through how this bill is composed. However, I believe that a solution must be provided even for past cases. So the act will be drafted to reflect that. You can see for yourselves once the bill is made public,” Shakoor replied.

“When an act is passed which explicitly spells out implementation [of the death penalty], then I believe the benefits of it must be carried to even past cases.”

Among a number of other cases, a young couple charged with the murder of lawyer Ahmed Najeeb were sentenced to death by the Criminal Court in July, a few days after the UN Human Rights Committee (UNHRC) asked the Maldivian state to enact legislation to officially abolish the death penalty. The statement said “the state itself has admitted that capital punishment does not deter crime.”

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MDP gathering calls for judicial reform ahead of Nasheed trial

Maldivian Democratic Party on Tuesday night held a march around the capital island Male’ calling for judicial reform ahead of the next hearing of former President Mohamed Nasheed’s trial, scheduled for November 4.

Over 500 protesters marched around Male’ with banners and placards displaying messages on the importance of judicial independence and holding the judiciary accountable.

A number of leading MDP figures joined the march, including former Minister of Environment and Housing Mohamed Aslam, MP Ilyas Labeeb, former Ministers of Education Shifa Mohamed and Musthafa Lutfi, former Minister of Foreign Affairs Ahmed Naseem and former Minister of Home Affairs Hassan Afeef.

Some of the messages on the banners observed by Minivan News said: “Do not destroy justice for the sake of political gain” and “No one will benefit through spoiling the judiciary.”

The protest march began in front of the MDP office on Sosun Magu and protesters walked on the streets of Male’ despite the rainy weather. The march stopped at some street junctions where party leaders gave speeches to the gathered crowds. Speakers included Musthafa Lutfi and Shifa Mohamed.

MDP Spokesperson Hamid Abdul Gafoor said that a main focus of the protest was asserting that the judiciary too must be held accountable.

The three judges presiding over the Nasheed case have continued to refuse to attend parliament committee meeting despite repeated summons.

Trial against Nasheed

On October 9, the police presented Nasheed to the Hulhumale’ Magistrate Court for the first hearing on the case concerning his arrest of Criminal Court Chief Judge Abdulla Mohamed.

He was arrested on the island of FaresMathoda on the previous day and held in the Dhoonidhoo Detention Facility until the hearing, prompting protests by hundreds of his supporters.

After the first hearing, Nasheed was released from custody, though they maintained the previously imposed travel ban, requiring him to get a special permission from the courts prior to any travelling.

Nasheed alleged that the Prosecutor General’s sole purpose was to bar him from contesting in the upcoming presidential elections, stating, “If, as the President of the Maldives I arrested the Chief Judge of the Criminal Court, then it is not as small a crime as is stated in Article 81 (of the Penal Code). The Prosecutor General’s only objective is to ensure that I cannot contest in the next presidential elections. To do so, he has identified an article which would provide just the required period of detention to cancel my candidacy.”

Nasheed’s legal team has previously raised concerns about the trial, stating that case proceedings were against laws and norms. They raised questions about the legality of the Hulhumale’ Magistrate Court and procedural issues with the three judge panel presiding over the case.

While the next hearing has been scheduled for November 4, two among Nasheed’s lawyers have been barred from court.

Meanwhile, following an application for a temporary injunction by Nasheed’s legal team, the High Court has declared that it will hold the next hearing of the injunction case on the same day coinciding with Nasheed’s next hearing at the Hulhumale’ Magistrate Court.

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MPs claim bill on the right to remain silent contradicts constitution

Parliament has divided opinions on the Bill on the Right to remain silent submitted by independent member of parliament, Mohamed Nasheed.

The bill had its second reading in parliament on Tuesday, following the first reading on October 3. During the ensuing one hour debate, Maldivian Democratic Party (MDP) MPs mainly spoke against the bill, while most MPs aligned with the ruling coalition supported the bill and advocated for it to be expedited.

“The right to remain silent is a fundamental basis on which the criminal justice system in many other countries are built upon. They do not have to explicitly define this in their laws as it is already well established in their respective societies,” Nasheed explained in parliament today.

“Our case is different. We first heard the phrase ‘the right to remain silent’ with the ratification of the 2008 constitution,” Nasheed said, adding that unlike other countries, Maldivians did not have any local material to refer to for better understanding of the right.

He said that the bill therefore aimed to define clearly what comes and what does not come within the boundaries of the right to remain silent, where this right can be applied and the legal outcomes that may ensue.

No threat to MPs

A number of MPs, some from the ruling coalition parties and some independent, spoke in favour of the bill. They insisted that narrowing the right to remain silent would assist in police investigations, thereby contributing to bringing down crime rates.

Some MPs stated that this bill only caused inconvenience to criminals, explicitly stating that it posed no risk to MPs and politicians.

Independent MP Ahmed Amir said that the MPs themselves needed to prove to the nation that all of them were people who refrained from getting involved in criminal activities, asking “Why then must we be concerned about this bill? I do not believe any member here needs to be concerned about this bill.”

Amir said the parliament had narrowed the same right in the Act on Sexual harassment against children, adding “why then are we so reluctant to pass an act to narrow down this right as a whole? That this may cause a loss to us, or the nation, is in my view an irresponsible stance to take.”

Meanwhile, DRP MP Mausoom stated the importance of expediting the bill, pledging complete support to the draft bill.

“At a time when we started moving towards democracy, one reason which led to a number of citizens expressing discontent with a democratic system is that the rights of criminals began exceeding those of regular citizens,” Mausoom said, stating that it was of extreme importance that the bill on the floor be sent to the relevant committee and passed at  the earliest.

PPM MP Ahmed ‘RedWave’ Saleem also supported the bill, and put forward his opinion in parliament.

“On judgement day you cannot exercise the right to remain silent. If you do, your organs will speak for you. However, organs cannot speak today, and so we must speak with our own tongues. If police ask you if you have committed a crime, you can simply say no even if you have committed it, so what is there to be afraid of?” Saleem said.

Addressing the MDP MPs Saleem said, “I want to tell my MDP brothers that this poses no threat to them, only to criminals. There is no threat to any politicians either.”

Contradictions with the Constitution

MPs who spoke against the bill pointed out that the bill directly contradicted articles in the constitution.

Article 20 of the proposed bill states that should a person choose to remain silent, after which sufficient evidence is provided in courts to prove without doubt that he is guilty as accused, then his decision to remain silent can be viewed as further proof against him. It further says that this is because instead of trying to prove his innocence, the accused had chosen to remain silent.

MDP MPs Ali Riza and Ali Waheed stated that this article was in direct contradiction to Articles 51(a), 51(c), 51(d), 51(e), 51(h) and 52 of the constitution.

Ali Waheed further stated, “I do not believe that any Act has the power to completely turn around a right guaranteed in Chapter 2 of the Constitution.”

From the government coalition parties, Jumhoree Party MP Abdulla Jabir also spoke against the proposed bill.

“We have heard in the past that two or three people would be arrested, tortured, forced to confess, and then claiming the investigation to be completed, these people would be sentenced undeservingly. Are we to move back into that again?” he said.

Jabir stated that he would not support the bill as he felt it would bring back the culture of torture, forced confessions and convictions of the innocent.

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Police submit cases to PG alleging damage to Alifushi police station on Feb 8

Police on Monday submitted cases to the Prosecutor General (PG) against 24 individuals charged with damaging the police station on Alifushi in Raa Atoll, and obstructing police work during the February 8 protests.

Police stated that the 24 individuals were charged for forcefully entering the police station around 7.45pm on the night of February 8, threatening officers on duty, forcing them to evacuate the premises, damaging the station building and for obstructing the police service.

The 24 people charged includes 20 men from the island of Alifushi itself. They are: Hassan Ahmed, 30, Velaanaage; Hassan Nashid, 30, Fasaanaa; Nail Abdulla, 25, RoashaneeAage; Muaviyath Abdul Latheef, 30, Scenery; Ahmed Mohamed, 22, Seny; Ismail Saif, 26, HabibiHap, Moosa Niyaz, 27 and Abdulla Niyaz, 24, Snow; Ali Fayaz, 31, Malaaz; Fazal Ibrahim, 19, NightHouse; Abdul Majid Moosa, 33, Hudhuasurumaage; Adam Shareef, 41 and Ibrahim Shareef, 29, VareyVilla; Abdul Hameed, 55, SameeVilla; Yameen Ibrahim, 26, Panama; Ishaq Adam, 28, Moonlight; Faruhadh Mohamed, 33, and Abdul Hafeez Mohamed, 27, HusnooVilla; Ahmed Riyaz, 21, Redfish, Shiyan Ibrahim, 28, Niuma.

The other four men are Mohamed Ramzy, 24, Shifana Villa, Lhaviyani Atoll Lhaimagu; Ahmed Giyas, 26, Berebedhimaage, Lhaviyani Atoll Naifaru; Hassan Simah, 30, Giyarest, Haa Dhaalu Atoll Neykurendhoo and Mohamed Ziyau, 26, of Samantha, Raa Atoll Rasgetheemu.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News that police were looking into damage caused to police stations across all areas of the Maldives on February 8. He confirmed that police were not investigating damage caused to the police and MNDF headquarters by police and civilians on February 6-7, stating that “it makes no sense for police to look into this matter ourselves.”

Haneef said instead that the damage would be investigated under procedures determined by the government.

Local news sites have previously reported that in addition to damages to police offices, the state has submitted 409 cases concerning charges of arson on February 8 to the PG.

Meanwhile the Police Integrity Commission in its report into the events of February 6-7 stated that they had found in their investigations that ‘some among the police officers gathered in the Republican Square” had caused damage to the police headquarters, further stating that these would be treated as separate offences.

Minivan News tried contacting President’s Office Media Secretary Masood Imad and the Vice Chair of the Police Integrity Commission, Abdulla Waheed, but neither was responding to calls at the time of press.

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Transparency Maldives conducts RTI Symposium with state stakeholders

At a symposium on promoting right to information(RTI) organised by local anti-corruption NGO, Transparency Maldives, discussions were held on the importance of establishing a strong RTI regime in the country.

A variety of sessions, including RTI and democracy, administering an RTI regime, local governance and RTI, and proactive disclosure by the state were discussed at this symposium which aimed to create awareness among policy makers, public officials, civil society and media.

“We invited high level officials from relevant state institutions to the symposium. Our hope is that we can form partnerships to further promote RTI and advocate for passing the RTI bill currently in parliament with the best practices included in it,” Transparency Maldives Advocacy Manager Aiman Rasheed told Minivan News.

The NGO further said that they had invited experts from around the world to impart information about the importance of establishing a robust RTI law.

Speakers at the event included Senior Legal Officer for Freedom of Information and Expression at the Open Society Justice Initiative Sandra Coliver, Deputy Executive Director of the Open Democracy Advice Centre Mukelani Dimba, Legal Officer for the Centre for Law and Democracy Michael Karanicolas, Programme Coordinator of Access to Information Programme at the Commonwealth Human Rights Initiative Venkatesh Nayak, former Information Commissioner at the Indian Central Information Commission Shailesh Gandhi and Chairperson of local NGO Democracy House Mohamed Anil.

Speaker of Parliament, Abdulla Shahid, chief guest at the symposium, said in his speech that freedom of information is a concept alien to the local society. He said that it had traditionally been reserved for the privileged and powerful classes.

“Our society tended to make very deliberate demarcations between those who need to know, who should know and those who need not know,” he said, further adding, “I strongly believe access of information must be an indispensable part of any true democracy.”

Right to Information has been regulated in the Maldives from January 2009 under a presidential decree, following the failure to pass a similar bill in parliament in 2007. The current regulation covers only the ministries under the executive.

“In addition to the executive, the RTI Act should also cover the parliament, the judiciary, the independent institutions, the state companies, NGOs and utility companies,” said Rasheed in his speech.

He also added that there should not be “unnecessary obstacles” for information seekers, and that there should not be “blanket secrecy” granted to any institution.

A new RTI Bill was submitted to parliament in November 2009, which has since been pending at the Social Affairs Committee. Speaking at Monday’s symposium, Shahid said that Chair of the Social Affairs Committee had assured him that he was “very hopeful” the bill would be adopted before the end of the year.

In addition to conducting the symposium, Transparency Maldives has previously coordinated trainings on RTI for civil society and media, produced a critique of the RTI Bill at the Parliament’s Social Affairs Committee and received endorsements for their position on RTI from the Anti Corruption Commission, the Human Rights Commission of the Maldives, the Auditor General and the Ministry of Human Rights and Gender.

The NGO has also stated that it further intends to conduct workshops on RTI in 13 atolls and to assist in the establishment of a system through information technology which aims to increase convenience for the public in obtaining information from the state.

Minivan News tried contacting Chair of the Social Affairs Committee PPM MP Abdulla Maseeh Mohamed and Co-Chair DRP MP Hassan Latheef, but neither was responding to calls at the time of press.

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Doctors raise concerns over medicine shortages

Medical doctors, for the second time in 2012, have publicly expressed concern over medicine shortages in the Maldives.

In addition to official routes of raising concerns with relevant authorities, doctors have brought the issue of essential drugs shortage to the public’s attention and appealed to the government and the legislature through social media.

Dr Abdulla Niyaf, Chief Medical Officer and Senior Pediatric Consultant at ADK Hospital, has repeatedly expressed concern about the issue, specifically noting the recurrent problem of stock shortages in essential drugs such as neostigmine and phenobarbitone.

“As a paediatrician, we go in after each birth or cesarean to check on the newborn, full of concern that something might happen to the baby. If, say, the child’s heart malfunctions, and we are out of adrenaline, then there is nothing more that even us doctors can give,” explained Niyaf to Minivan News.

Niyaf said that the systematic issue of running out of stock of critical drugs was very serious, posing risks to the lives of many. He said that it is a huge concern as a doctor that he would be unable to provide immediate medication to patients who are in crucial need of specific medicines, due to complications with stock renewal.

Niyaf further said that he had previously sat down to discuss the matter with the State Trading Organisation (STO), the sole company licensed to import controlled drugs, and other relevant authorities. The answer had always been that the suppliers were facing issues of licensing, permits, delays in customs and so on.

“For how long can we, as doctors, keep listening to these justifications? All I want is for the issue to be resolved and for patients to have the chance of getting the best possible medical attention,” Niyaf said, expressing concern that the relevant authorities had so far not been able to resolve the issue.

Dr Faisal Saeed, another practicing doctor, told Minivan News that the matter was “a very real concern”.

“It is true that many medicines are often out of stock, but that doesn’t lessen the gravity of the problem. I don’t believe it is an option to be ever out of stock. What will any patient do if a critical medicine is unavailable at the time they most need it?”

Saeed further confirmed that there was a current shortage, stating: “As doctors, we worry about this. If something happens, it is we who must take responsibility. Our question is, when this country runs out of medicine, who is to be held accountable? Who will take responsibility for this?”

Dr Fathimath Nadhiya stated that the issue of shortages of even the most essential drugs has been a longstanding concern for a long period of time, further saying that if shortages were such an issue in the capital island Male’, then the loss must be felt even more harshly at remote island health facilities.

“Hospitals and health centres store the minimum required amounts of critical medicines at any given time. But we are not aware who carries the oversight responsibility to check whether this minimum is always maintained,” Nadhiya said.

She further spoke of her worry that with the lack of monitoring, island health facilities may have an even harder time to obtain many of the critical medicines. She said that in many islands, there were only one or more pharmacies run by private businessmen, who would prioritse medicine supplies not based on their medical importance, but rather on their sales statistics.

Ahmed Afaal, Managing Director of ADK, has also expressed concern on the matter on social media network, Twitter. He sent a message to President Dr Mohamed Waheed Hassan, urging him to look into the matter, stating that “tomorrow we may have to stop surgeries [because of an] injection neostigmine shortage. The only supplier is out of stock. Please help.”

Not yet a “doomsday scenario”: government

While many practicing clinicians have expressed concerns on the matter, the government denies the issue is as serious as claimed by the doctors.

“Checked with Health Minister and STO MD. There is no reason to worry about medicines,” President Waheed said,  in a short statement on Twitter.

Minister of Health, Dr Ahmed Jamsheed, backed the statement, saying at a press conference on Sunday that “although some social media messages on Twitter by practicing doctors may make the public dread a doomsday scenario, things aren’t all that bad yet”.

Jamsheed however did confirm that medicine shortages were a recurring problem in the health sector, stating that the Ministry of Health was planning to start a programme with the assistance of UNOPS and WHO to create a procurement/supply chain management system. Jamsheed said he believed that all the current concerns would be addressed and found a solution to through this programme.

“There is a common misconception that I would like to clarify. Although people usually assume otherwise, the health sector has never been involved in importing and supplying medicines. This is left to the private sector and the government-owned company STO,” Jamsheed explained.

“What we are seeing is that those responsible are not able to sufficiently supply medicines. I think we need to change this system if we are to find a solution. If we are to get a permanent solution, then we must make supplying medicines to patients the responsibility of the service provider, regardless of who imports it.”

Although some local practitioners say that the complaint is that the first choice medicines are unavailable, Jamsheed alleged that some of the complaints were because brands of medicine preferred by an individual doctor were not widely for sale.

“If there is an emergency, then the routine is that hospitals or the government flies in the medicine from neighbouring countries at the earliest,” Jamsheed said.

“If those staff in medical facilities who are responsible for these tasks are able to perform their jobs correctly, then it wouldn’t come to such a critical stage where provision of services are interrupted,” he stated.

Meanwhile, some doctors who spoke to Minivan News rejected the idea that emergency stocks were a solution, insisting that stock records ought to better kept and that patients in critical conditions do not have the option of waiting for medicine stocks to be flown in.

Legislative intervention

Maldives Democratic Party (MDP) MP Ibrahim Rasheed ‘Bonda’ submitted an emergency motion to the parliament on Monday, calling on the legislature to take action to “immediately resolve” the problem of medicine shortages.

Rasheed claimed that this failure to provide critical “life-saving medicines” to patients in crucial need of them was causing loss of lives.

“When practising doctors take the initiative to raise concerns, we realised the gravity of this problem. We then researched the issue in depth,” Rasheed told Minivan News.

“Millions of rufiya worth medicines need to be disposed of due to the failure to manage stocks. The stock is still managed manually. There is also a lot of corruption involved in the procurement and supply of medicines,” he said.

“There are permanent parliament committees within whose mandate this issue will fall. The problem is there are already a large number of pending bills that need to be worked on by these committees. We are now discussing within our party to determine what the most effective course of action will be,” Rasheed said.

During the one hour debate that ensued after the submission of the motion, Dhivehi Rayyithunge Party MP Ahmed Mohamed claimed that health services in his constituency had deteriorated, calling the condition of health care provision “regrettable”.

Progressive Party of Maldives (PPM) MP Adam Ahmed Shareef stated that health centres in the constituency he represented did not have the capacity for “the most basic tests”, adding that the pharmacy was managed by the women’s committee.

STO Spokesperson Ismail Sadiq was unavailable to speak to Minivan News this afternoon, and was not responding to calls.

Minivan News was not able to contact the Director General of Maldives Food and Drug Authority, Shareefa Adam, as her phone was switched off up to the time of press.

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“Worst fears over HIV coming true”: Health Minister

Minister of Health Dr Ahmed Jamsheed Mohamed has expressed concern about the risks of HIV spreading rapidly in the Maldives, stating that “our worst fears seem to be coming true.”

Jamsheed said that although the Maldives had remained on the HIV less-prevalent category since the first HIV positive case was found in 1991, “all the habits that may lead to the spread of HIV is excessively in practice here,” stating that it was only through “incredible luck” that the disease had not already spread widely throughout the country.

At the press conference on Sunday, Jamsheed said: “What has always worried me most is that there is a large drug community, and that the virus might find its way into this group, especially the IV drug users. Once it does, it will spread like wild fire.”

“I don’t think this is too far off now. We have already identified one IV drug user who has been infected with HIV. What’s left is to see how much this has spread,” Jamsheed revealed.

Jamsheed further cautioned against assuming that the HIV virus would stay within the injecting drug user circle, pointing out that some drug users do so in secret, and that many are married to non-drug users who could just as easily be infected with the virus.

Minister of State for Health Lubna Zahir Hussain, who heads the National Drug Agency (NDA) and Centre for Community Health and Disease Control (CCHDC) Director Maimoona Abu Bakr said that both their departments were taking preventive measures against the spread of HIV.

Jamsheed, too, said the NDA’s efforts to help drug users out of their addiction is a preventive measure against HIV as drug users are most at risk.

Meanwhile, the CCHDC is working with civil society groups like Journey, Society for Women Against Drugs (SWAD) and regional NGOs to spread awareness about STIs and HIV, and to encourage the public to change their habits to ways that present less risk of contraction.

Practical action or the moral highground?

Jamsheed said that he believed there were issues which needed to be opened to a “national debate” in order to move forward and take stronger preventive measures.

“We can simply stay inactive and keep talking for any amount of time by assuming the moral highground,’ Jamsheed said at Sunday’s press conference.

“That is to claim that we are Muslims, and by living in a Muslim state in Muslim ways we are doubtless protected from this disease. But that is never the reality anywhere in the world,” he said.

Jamsheed said it was unrealistic to assume all Muslims to live as “perfect Muslims”, and that even if they were, there was still a chance of infection. He stated that HIV is not transferred through sexual activity or visits to prostitutes alone.

“This is an argument I do not accept,” he said. “I presume that those among us who are already infected are also Muslims, being Maldivians. Of course, there are certain protections that being in a Muslim community affords us. For example, all of us men have been circumcised, which is proven to provide protection against STIs. To put it short, we need to work on more practical forms to prevent the spread of HIV.”

Sexual promiscuity elevating risks

The minister further spoke of the risks of promiscuity in the society, referring to the 2010 case where police arrested an HIV positive prostitute. He stated that the same prostitute had been identified in the Maldives as being HIV positive in the year 2009 as well, emphasising the risks to the spreading of HIV that such events presented.

Prior to his appointment as Minister of Health, Jamsheed had written about his concerns regarding the spreading of HIV in his personal blog, speaking about the “sexually active” lifestyle of the Maldivian people, which created a higher risk of infection.

“Maldivians have always been a sexually very active and promiscuous community. We have a very high divorce and remarriage rate, which increases the number of sexual partners any individual has over their lifetime. It is also a known fact that despite being a Muslim community, a lot of Maldivians have multiple extramarital relationships,” he had written then.

CCHDC’s Maimoona Abu Bakr also highlighted that “undesired sexual acts”, prostitution, injecting drug users and homosexuality proved to be some of the greatest challenges to preventing the spread of HIV.

In 2011, a total of 18 HIV positive cases were reported, out of which one was of a local. Between 1991 and 2011, 15 HIV cases were reported among Maldivians, while 168 cases of expatriate workers were also filed. Two out of the 15 cases were female, and all patients cited heterosexual transmission as the cause of infection.

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Bill of amendments to Religious Unity Act returned to committee

The bill of amendments to the Religious Unity Act has been sent back to the Social Affairs Committee on Monday for further revision after a mere 16 out of 66 MPs in attendance voted for it to be passed.

Late MP Dr Afrasheem Ali, who was brutally murdered at the beginning of this month, had submitted the bill proposing a total of 11 amendments to the Religious Unity Act on June 7, 2010. The Social Affairs committee had completed its research into the bill on June 20, 2012.

The bill had been presented to the parliament floor for discussion on October 9, 2012. Members had submitted an additional 11 recommended amendments to the bill at that time, some of which were passed during Monday’s voting session.

The passed amendments include submissions by Adhaalath Party member and Fares-Mathoda MP Ibrahim Mutthalib. One of these amendments stated that only those who have been educated in a university approved by the qualification board or educated to a level deemed acceptable by the government could teach Islam in local schools. It also states that if a foreigner is to teach Islam, he has to be a Sunni Muslim.

Amendments prohibiting the establishment of prayer houses for any religion besides Islam; creating, selling or using anything depicting other religions, and seeking external assistance for spreading other religions were also passed.

Additionally, the amendment by Mavashu MP Abdul Azeez Jamaal AbuBakr of Progressive Party of Maldives (PPM) stating that there should be no attempts to instill love for a religion other than Islam in the hearts of school children and that no lessons involving other religions should be included in the school curriculum, was also passed.

Among the amendments which were rejected were a proposition to replace the existing Fiqh Academy with a ‘Fatwa Centre (Lecture Centre) and a proposition to appoint imams for all mosques and place them under the direct authority of the Ministry of Islamic Affairs.

At Monday’s parliament session, 45 of the 63 members in attendance voted against passing the proposed Bill of Amendments to the Religious Unity Act, with two members abstaining from the vote.

Meanwhile, Kaashidhoo MP Abdulla Jabir expressed concerns regarding the act in Monday’s parliament session. He said that enforcing such “strict religious penalties’ were not suited to a country as small as the Maldives.

Jabir went on to say that “all ministries in this 100 percent Muslim country are Islamic Ministries”, adding that the ministry being controlled by Adhaalath Party was leading to religious issues getting politicised.

He added that although the Adhaalath Party was based on religious values, it was nonetheless a political party with political aspirations.

Speaking to Minivan News today, Jabir said “What I am repeatedly saying is that the Maldives is too small a country for the implementation of these issues highlighted in this bill.”

The Religious Unity Act has been in effect since 1994 and has been previously criticised as being against the spirit of the 2008 Constitution.

The Islamic Foundation of the Maldives had also filed a case in the High Court in February 2011, claiming that the Religious Unity Act of 1994 was inconsistent with the constitution of the Maldives and should be invalidated.

In September 2011, the then-government had brought into force Religious Unity Regulations, enforcing the existing Religious Unity Act, with a penalty of 2 to 5 years’ imprisonment for violation.

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