Author: Daniel Bosley

Maldives’ human rights worsening, Amnesty tells UN

The human rights situation has deteriorated in the Maldives over the past four years, says Amnesty International in its report to the UN Human Rights Council.

In its submission for the country’s second Universal Periodic Review (UPR) titled ‘Republic of Maldives – Ignoring Human Rights Obligations’, the NGO accuses the government of having failed to implement recommendations made in 2011.

“Furthermore, it has effectively been undermining human rights protection by failing to strengthen the independent institutions of the state including the judiciary, which needs urgent reform.”

The report – made public for the first time last week – notes the “emergence of vigilante religious groups”, “fundamental flaws” within the judicial system, and the “feared abduction” of Minivan News journalist Ahmed Rilwan.

It also accuses the government of not defending the independence of the Human Rights Commission of Maldives (HRCM), which is currently being prosecuted by the Supreme Court as a result of its own submission to the UPR.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs, and national human rights commissions.

A mid-term assessment of the Maldives’ conformity with the 2011 recommendations found that it had “fully implemented” only three of the 145 recommendations – with 12 recommendations “partially implemented”, and 33 “not implemented”, 96 recommendations receiving “no response”.

Abductions and impunity

The report also observes the lack of prosecutions for the perpetrators of a series of abductions reported last year, as well as a failure to bring the investigation into Rilwan’s disappearance to a conclusion.

“Impunity for human rights violations, especially for torture and other ill-treatment and for unnecessary or excessive use of force by police against demonstrators has been a persistent failure of the government,” reads the report.

Amnesty highlights the non-disclosure of information regarding alleged excessive force during the raid on the Anbaraa music festival in April last year, as well as the lack of prosecutions for acts of police brutality carried out on February 8, 2012.

Attorney General Mohamed Anil told the Majlis last August that the cases of five officers were ongoing. The Commonwealth-led Commission of National Inquiry described an “urgent need” for accountability and sanctions more than two years ago.

The report accuses the government of failing to protect the rights of freedom of expression and conscience with regards to the murder of MP Dr Afrasheem Ali, the brutal attacks on blogger Ismail Hilath Rasheed and journalist Ibrahim ‘Asward’ Waheed.

“These attacks took a new form in June 2014 when a vigilante religious group kidnapped several young men, held them for hours, ill-treated them and warned them not to promote ‘atheism’.”

“None of the kidnappers have been brought to justice, even though the identities of some of them are allegedly known to the victims.”

Victims of the attacks have identified four individuals familiar with police in two abduction incidents last June, and another in November. The victims were accosted in order to obtain log-in details for online groups in which religion and gang activity were being openly discussed.

The report went on to recommend a moratorium on flogging – which Amnesty regards as “inhumane” and discriminatory in practice, and the death penalty, which the current government has pledged to reintroduce.

“Amnesty International is disappointed that the Maldives did not accept recommendations to remove restrictions in law and practice on freedom of thought, conscience and religion,” it continued.

Judiciary

The report reserves significant space to highlight deficiencies within the judicial system, arguing that a lack of judicial independence and impartiality continued to “undermine fair trials”.

“Since the last UPR, the government has taken no visible action to ensure that standards of judicial independence and impartiality are upheld and monitored,” said Amnesty.

Most importantly, states the report, there has been no action to strengthen the Judicial Services Commission (JSC).

“There is a perception in the Maldives, frequently voiced by judicial and government authorities to Amnesty International, that the principle of judicial independence would not be upheld if the government were to scrutinize the conduct of the judiciary.”

After repeated investigations into the alleged appearance of Justice Ali Hameed in a series of sex tapes in 2013 failed to find adequate evidence for disciplinary proceedings, Hameed was himself appointed president of the commission earlier this month.

“While Amnesty International would oppose interference by the executive in the affairs of the judiciary, it considers that statutory state organs entrusted with maintaining judicial accountability, such as the JSC, should monitor and take action against any breaches of impartiality,” read the UPR submission.

The JSC came in for particular criticism for its role in the dismissal of two Supreme Court judges last month. In a decision slammed for its lack of transparency, the commission found Chief Justice Ahmed Faiz and Justice Muthasin Adnan unfit to sit on the bench.

After Majlis members voted through the JSC’s recommendations, local and international groups expressed concern over the decision’s impact on judicial independence.

After the HRCM’s UPR report – criticising the centralisation of judicial power in the Supreme Court – ‘suo moto’ proceedings were initiated against it last September, prompting Amnesty to call for the commission’s independence to be guaranteed.


Related to this story

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Opposition MP Abdulla Yamin joins PPM

Velidhoo constituency MP Abdulla Yamin has left the opposition Maldivian Democratic Party (MDP) to sign for the ruling Progressive Party of Maldives (PPM).

Speaking at a signing ceremony on Thursday evening (January 29) in the capital Malé, Yamin criticised the MDP leadership, questioning the party’s youth policy.

“I see promise in this government, our youth sees promise in this government. I see youth after youth rising with the help of the government,” Yamin is reported to have told PPM supporters.

The switch comes less than a month after Yamin issued a public apology for breaching the MDP’s three-line whip for the controversial Majlis vote to remove two Supreme Court judges.

“I will not repeat the mistake in the future,” read Yamin’s apology letter, mandated by the party’s internal disciplinary committee. He gave no explanation for his absence from the Majlis for the vote.

Yamin was not responding to calls at the time of publication.

Four other MDP members issued similar apologies for breaking the whip, while former Chairperson ‘Reeko’ Moosa Manik was expelled from the party after the appeals committee found him to have broken the whip on five occasions.

Despite contesting the party’s decision, Moosa has stated he will neither take the party to court, nor join any opposition groups.

MDP Spokesman Hamid Abdul Ghafoor has criticised Yamin’s switch – the fourth such defection since the Majlis polls last year, though he expressed confidence there would be no more departures.

“The principal of a proper representative is based in people deciding on a candidate from a party. If he wants to change party he must resign from his seat and contest again. That’s how people cross the floor in developed democracies,” he told Minivan News.

Last year, the now-opposition Jumhooree Party (JP) pledged to sue three of its former MPs who switched to the PPM shortly after the March elections.

The PPM was offering “unattainably high incentives” to MPs to defect, suggested the JP, accusing the members in question of breaking vows made to the public.

Yamin is also an advisor at Raajje TV, a station traditionally aligned with the MDP since its launch in 2010. Ghafoor said he felt the station’s content would be unaffected.

Yamin’s transfer increased the PPM’s seats in the Majlis to 44, while its ally the Maldivian Development Alliance has five MPs in the 85-seat house.

The opposition MDP and JP – holding 21 and 13 seats, respectively – this week officially announced an agreement to protect the Constitution against what they argue are persistent breaches by the government.

The religious Adhaalath Party, which has one MP in the Majlis, is reported to be joining future talks, though no official word has come from the party.

Two thirds of MPs present and voting – equalling 57 members of the full house – were required to remove the Supreme Court judges, though the move was subsequently condemned by local and international groups.

The support of three quarters of the full house is needed to amend the Constitution, with the ruling party having proposed changes to the age limits of presidential candidates, which would eliminate JP leader Gasim Ibrahim from the 2018 presidential race.

MDP leader and former President Mohamed Nasheed told Raajje TV on Thursday that his aim was to install Gasim as president before holding early elections.

He also explained to Sri Lankan media that the new parliamentary alliance was intended to hold the government accountable.


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ARC condemns “systematic flaws” after death of Rakeedhoo toddler

Local child protection NGO Advocating the Rights of Children (ARC) has condemned “systematic flaws” in child protection systems following the death of a three-year-old boy in Vaavu Rakeedhoo.

ARC called on the state to enhance protection measures without delay after it emerged that authorities had been made aware of the regular abuse suffered by Mohamed Ibthihaal prior to his death.

“ARC remains deeply concerned about the systematic flaws in the child protection system in the country, and that cases of child abuse continue to be neglected and overlooked due to the deficiencies in the legal, judicial and social sectors tasked with the promotion and protection of the rights of the child in the Maldives,” read the statement.

Ibthihaal’s body was found in his home just before midday yesterday (January 28), with locals describing severe bruising to his left ear and genitals.

Police have revealed that the mother has been taken into custody after the Criminal Court produced a warrant. Haveeru has reported multiple island sources as saying that she has confessed to the killing.

Rakeedhoo Island Councillor Abdulla Rasheed told Minivan News that officials from the Ministry of Law and Gender were also on the island, while the victim’s siblings were in the care of their grandmother on another island.

History of abuse

ARC’s statement revealed that it had been unable to receive information from the ministry on the case, though the island council has said the ministry was aware of the mother’s record of abuse.

The gender ministry has yet to release any statements on the incident, though the Family Protection Authority has today denied having any prior knowledge of the case.

ARC has been joined by Minister of Foreign Affairs Dunya Maumoon today in welcoming the launch of investigations into the Rakeedhoo abuse case.

Dunya stated that the death of the boy once again underscores the critical need to strengthen the national child protection mechanism and highlights the absolute vulnerability of children in society, read a foreign ministry press release.

“Every child is a precious gift from God who makes our lives joyous and wholesome, and it is our duty to protect and safeguard them” said Dunya.

Never again

ARC called upon the government to update legislation on child protection, noting that the state is obliged under international law to assure the protection of children.

“ARC strongly urges the Government to conduct an assessment of the State’s capacity to respond and react to cases of abuse with a specific view to enhance the child protection system by providing sufficient resources to Family and Children Service Centres (FCSC) in the Atolls, and to establish an effective monitoring mechanism to ensure the safety of children who are removed from their home environment.”

The NGO noted that the existing legislation on child rights was adopted in 1991, calling on the government to submit the draft Child Protection Bill to the People’s Majlis at the earliest opportunity.

As members of the public prepare to hold a rally in support of child protection tomorrow afternoon in Malé, ARC arranged an event titled ‘Break the Silence on Child Abuse’ at the Youth Centre in the capital.

The event – held between 5pm and 6pm – is seeking to raise awareness of the role individuals can play in preventing child abuse.

“In the wake of this horrific incident, ARC invites everyone to attend this event and vow to fulfill our individual responsibility to work together to ensure that never again will such an atrocity be committed against children in our country,” read a statement regarding the event.

The NGO has also called upon media to observe ethical practices by not publishing pictures or personal details of the victim.

Pictures taken of Ibthihaal just weeks ago by a local photographer has been used widely in the coverage of the case (see main picture), but some outlets have today published images of the boy’s dead body.

(PHOTO: IBRAHIM ASAD)


Related to this story

Body of abused child found in Vaavu Rakeedhoo

State negligence investigated in death of Rakeedhoo child

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Body of abused child found in Vaavu Rakeedhoo

The body of a three-year-old child with signs of severe abuse has been found on the island of Rakeedhoo in Vaavu Atoll.

The boy’s mother was known to the authorities as having a record of abusing the boy, who is the eldest of three. Haveeru has published old images of child, appearing to show a black eye from past abuse.

“We previously informed the police and gender ministry that the kid was being abused, but when [the mother] was questioned she was going to take care of the boy and stop abusing him,” explained Rakeedhoo Island Councillor Abdulla Rasheed.

Rasheed explained that the council was alerted to the case today by health centre officials after the mother ran there before passing out.

Council members subsequently went to the woman’s home where they found the boy on the sitting room floor, head on a pillow, naked except for a rug covering him from the waist down.

As well as scratches to the head and neck, the boy has extreme bruising to his left ear and genitals, said Rasheed.

He said that the mother – whom he questioned previously about the abuse of her son – had since regained consciousness but was refusing to talk.

One of the woman’s other children is now with neighbours, and another is still with the mother. Previous offers from other islanders to adopt the abused boy had been turned down by the mother. Rakeedhoo has a population of just 84 people.

The Ministry of Law and Gender told Minivan News that it was still gathering the facts of the case and would be releasing a statement shortly. Police media officials were not responding to calls at the time of press.

The prosecutor general has told media it is investigating the case for possible negligence on the part of state institutions.

“It is unacceptable that the child was handed over to the mother for the second time after it was found that she was beating him,” said Muhthaz Mushin

Former Attorney General Azima Shukoor in 2013 described “alarming” levels of child abuse in the country, submitting amendments to the Majlis to enable the transfer of legal guardianship from neglectful and abusive parents.

Elsewhere, a 27-year-old woman was arrested yesterday evening in Baa Atoll Eydhafushi on suspicion of beating her child reports Haveeru.

Suspected child abuse can be reported anonymously to the police on 3000 600.

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MDP and JP to begin official talks tonight

Jumhooree Party (JP) leader Gasim Ibrahim has invited all opposition parties to begin talks on defending the Constitution.

After officially leaving the Progressive Coalition earlier this week, the party has invited the largest minority party, the Maldivian Democratic Party (MDP), to talks at the JP’s headquarters tonight, explained party spokesman Ali Solih.

The JP has also invited the Dhivehi Rayyithunge Party (DRP) and the Adhaalath Party to the talks, despite the religious party being an unofficial member of the governing coalition.

Adhaalath, which holds a single seat in the People’s Majlis, has received an invitation to future talks but has not yet decided on whether it will attend, said the party through its official twitter account.

Following MDP party President Mohamed Nasheed’s calls for immediate all-party talks last week, the party earlier today announced its representatives for the proposed discussions.

The JP has also announced that it will be represented by former transport minister Ameen Ibrahim, Dr Hussain Rasheed, Abdulla Kamaludeen, MP Ali Hussein, MP Hussein Mohamed, and former Police Commissioner Abdulla Riyaz.

The JP – which has 13 MPs in the 85-seat Majlis – this week voted through its national council to give leader Gasim Ibrahim the authority to make all decisions regarding actions needed to defend the Constitution.

The JP was officially aligned with the ruling Progressive Party of Maldives until May last year, after having given crucial backing to Abdulla Yameen in the 2013 presidential race.

Yameen eventually beat MDP candidate Nasheed in a much-delayed poll after the Supreme Court’s controversial annulment of the first round following complaints lodged by third-placed candidate Gasim.

However, after friction between the coalition partners during the Majlis campaign, Gasim’s decision to stand against the PPM’s candidate for Majlis speaker in May prompted the PPM decided to unilaterally expel the JP from the ruling coalition.

Gasim’s subsequent opposition to key government legislation was accompanied by threats against both his businesses and his person, leading the JP to accuse opposition politicians of intimidation tactics.

Unofficial talks were announced earlier this month between the JP and MDP, which holds 22 seats in the Majlis, while Nasheed has pledged to defend Gasim against government attacks.

Both parties have accused the government of repeated breaches of the Constitution and attempts to influence independent institutions. Prominent incidents cited include the recent, replacement of the auditor general, the removal of two Supreme Court judges.

Nasheed last week urged President Yameen to convene all party talks which include the Progressive Party of Maldives’ leader and former President Maumoon Abdul Gayoom.

Yameen has this week met with both former President Dr Mohamed Waheed and former President Gayoom, with whom the current political climate was discussed, said the President’s Office.

PPM officials were not responding to calls at the time of press.

President’s Gayoom’s former party, the DRP, has been largely dormant since its most prominent members switched to the MDP after the 2013 presidential elections.

After announcing a rebrand effort in the month following the elections, it failed to win any seats in the subsequent Majlis elections, and just a single council seat in the local elections.


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King Abdullah “a leader of exceptional quality and courage”, says President Yameen

President Abdulla Yameen has described Saudi Arabia’s King Abdullah bin Abdulaziz as “a leader of exceptional quality and courage” following the monarch’s passing yesterday (January 24) after a lung infection.

“With the King’s passing away, a light on enlightenment in the world has gone. His demise would be a great loss to his people, to the Muslim Ummah, and to the entire world,” said Yameen.

Flags throughout the Maldives national flag will be flown at half mast for three days, while funeral prayers were held for the leader – believed to have been around 90-years-old – yesterday evening.

King Abdulla has been succeeded by his 79-year-old brother Salman bin Abdulaziz, who visited the Maldives in February last year before donating MVR18.4 million (US$ 1.2 million) for 10 new mosques in the islands.

During the trip, the then Prince Salman expressed his desire to assist the Maldivian government to preserve the Islamic identity of the nation, adding that the Arab kingdom sees the Maldives as a country of ‘special importance’.

As part of the government’s policy of enhancing ties with the Arab world, a Saudi delegation of government officials and private businessmen visited the Maldives last month – reportedly after a request made by President Yameen to King Abdullah.

Yameen yesterday praised King Abdullah’s 2002 peace plan for the establishment of the state in Palestine, saying the plan remains the “fundamental document guiding any discussion on the topic”. The plan proposed  the normalisation of Israeli-Arab relations in return for full withdrawal from the occupied territories.

“Similarly, the King’s tireless efforts and his personal interests in promoting dialogue and understanding among different cultures and religions are recognized around the world,” said Yameen.

“Most importantly, the King was the architect of several important initiatives in Saudi Arabia, including education and other social sectors. Such changes have inspired several generations to embrace the changes in Saudi Arabia.”

Both former President Mohamed Nasheed and the opposition Maldivian Democratic Party have expressed its sadness at King Abdulla’s death, calling it a loss to both his country and the whole Muslim world.


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Bank of Maldives introduces Islamic banking services

With additional reporting by Mohamed Said Fathih and Ismail Humaam Hamid

The Bank of Maldives (BML) has introduced Islamic Banking Services today (January 22).

The service inaugurated by Minister of Islamic Affairs Dr Mohamed Shaheem Ali Saeed will be operated under the name ‘BML Islamic’ which will offer its personal and business customers with deposit and financing products.

“This is a big and proud day for our Bank,” said BML’s CEO and Managing Director Andrew Healy. “Today we start to provide alternatives to those who wish to strictly follow Islamic principles in their banking.”

“We look forward to rolling out a broad range of products and services – for both personal and business customers – over the next two years”.

Islamic banking and capital market services – compliant with Islamic Shariah – were introduced in the Maldives in 2011, with the opening of the Maldives Islamic Bank.

The Capital Market Development Authority began reporting on the Islamic Capital Market for the first time last year, while Maldives Monetary Authority Governor Dr Azeema Adam said that the industry’s potential was still being realised.

“One of the reasons for the phenomenal growth of Islamic finance is the perception that it is more ethical, compared to conventional finance, which is traditionally viewed as predatory when needed,” Azeema told the Maldives’ first Islamic banking conference last September.

BML CEO Andrew Healy

The new BML service will be provided by existing branches of the bank but Islamic bank accounts and finances will be “fully segregated from the rest of the Bank’s Services”, explained a BML press release.

“ATMs and card machines and will be fully Shari’ah-compliant, with Islamic accounts,” the statement continued, while Wadi’ah accounts can now be opened at any BML branch.

Prominent Islamic scholars have expressed their support for the move, with Dr Aishath Muneeza, Sheikh Fayyaz Ali Manik, and former Islamic minister Dr Abdul Majeed Abdul Bari all contributing to BML’s promotional campaign.

“I believe this is a service which has been much needed for the people of Maldives. This allow lot of people across the country to go about their financial transactions as per Islamic Sharia,” said Sheikh Fayyaz.

Islamic minister Shaheem today described the move as “great news for many Maldivians”, saying that “BML’s commencement of Islamic financial services, to coincide with the day Maldives embraced Islam, is a memorable occasion”.

Other recent changes to services provided by the national bank included 22 state-of-the-art ATMs across Malé in November as well as the bank’s first US dollar ATM at its main branch the following month.


Related to this story

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Dangerous weapons found in Nazim’s house during raid, say Police

Police have revealed that dangerous weapons were found at the house of former defence minister Colonel (retired) Mohamed Nazim on Sunday morning (January 18).

“We found dangerous weapons at his house,” said Spokesman for Commissioner of Police Ahmed Shifan at a press conference held this afternoon. “Nazim and some of his family members were questioned regarding the weapons but they failed to adequately respond to the questions.”

The details of the raid – previously withheld – came just hours after Nazim’s dismissal and subsequent replacement by Major General (retired) Moosa Ali Jaleel.

Following President Abdulla Yameen’s decision to remove him from the cabinet, Nazim said the raid showed that no Maldivian could be considered safe or secure based on recent events.

“This gives an alarming signal that entering any house, at any time and to do anything is possible. The defence minister is the most senior official standing beside the president,” he said during a press conference held at the studios of DhiTV.

Nazim went on to say that he intended to cooperate fully with police and had already provided statements, fingerprints, and DNA samples.

Superintendent Shifan told the media that the police had obtained a warrant from the Criminal Court after receiving reports that dangerous weapons were being kept in a Malé home.

“A police tactical team was sent to the house at around 3.15am on January 18, whereupon they went up to the eighth floor and searched 2 apartments.”

Media speculation as to the specific weapons found in the apartment have varied considerably, with no such details revealed by police officials today.

Shifan once again assured the press that officers had been unaware that the apartment belonged to the defence minister until they had forcefully entered the property, adding that best practices were maintained throughout the search.

“The team did not know Nazim was present at or living at that apartment until after they arrived on the scene,” said Shifan.

“We would like to reiterate the fact that the police would not hesitate to search any house under a court warrant in order to ensure the safety of the general public.”

Former President Mohamed Nasheed has earlier this week suggested that the raid had been conducted to retrieve documents which might incriminate tourism minister Ahmed Adeeb, though Adeeb had rejected these claims.

Commenting on Nazim’s dismissal via twitter today, Adeeb said it was a “sad day” when former colleagues “changed their direction”.


Nazim also suggested this afternoon that such a raid could not have happened without the president’s knowledge, although President’s Office Spokesman Ibrahim Muaz told Minivan News earlier that presidential approval was not required to investigate a cabinet minister.


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Nazim dismissed as defence minister, replaced by Moosa Ali Jaleel

Minister of Defence and acting health minister Colonel (retired) Mohamed Nazim has been dismissed.

Spokesman Ibrahim Muaz tweeted that Nazim has been “expelled from his post due to an ongoing investigation”.

Moments later, Muaz announced that Major General (retired) Moosa Ali Jaleel had been appointed as the new minister of defence and national security.

Nazim’s removal comes just days after his home was searched by special operations officers, who reportedly removed documents after a 3am raid on January 18.

Speaking to the media this afternoon, Nazim said that recent events had shown that no Maldivian was assured of safety and security.

“This gives an alarming signal that entering any house, at any time and to do anything is possible. The defence minister is the most senior official standing beside the president,” he said during a press conference held at the studios of DhiTV.

“It is how things are in all parts of the world. If the situation is so that the minister’s house can be raided at any time, no Maldivian citizen will have safety and security”.

Both Nazim and the President’s Office had played down the incident earlier this week, with Nazim reporting that he was “unfazed”, while the President’s Office expressed continuing confidence in the minister.

“The government and the president has not taken steps against any cabinet minister,” Muaz told Haveeru on Sunday.

However, this afternoon, Nazim expressed his belief that President Abdulla Yameen had been complicit in the investigation.

“I do not believe that such a thing could have been carried out without the head of the state, the president, knowing about it,” said Nazim. “His excellency the president told me that he did know that police entered my home when it happened.”

Muaz told Minivan News today that the president had made the decision as a result of the investigation, but that his approval was not needed in order for police to initiate proceedings against cabinet members.

Investigations into tourism minister Ahmed Adeeb were reported to have been behind the president’s decision to curtail the powers of home minister Umar Naseer in August last year, removing the minister’s ability to issue direct orders to police.

Revealing few details of the raid, police told media on Sunday that they had been unaware the house searched was Nazim’s when obtaining the warrant. Media reports yesterday said that President Yameen had paid a surprise personal visit to Police Commissioner Hussein Waheed at police headquarters.

Nazim told the press that he had complied with all the police’s requests – providing statements, fingerprints, and DNA – and that he would continue to do so.

He is also facing a contest for his position as the president’s appointee to the Local Government Association as fellow board members approved a no-confidence motion against him last week.

The newly appointed defence minister Major General Moosa Ali Jaleel was formerly the chief of defence forces. Jaleel signed for the ruling Progressive Party of Maldives one year ago, saying that he believed the current government’s policies would ensure development and “save the country”.

After 32 years of service, Jaleel retired from the military in the wake of the controversial transfer of presidential power in February 2012.

In January 2013, Jaleel told parliament’s government oversight committee that he believed former President Mohamed Nasheed had “resigned under duress”.

Jaleel is among the senior military officers facing charges over the detention of Criminal Court Chief Judge Abdulla Mohamed in the weeks prior to Nasheed’s resignation.

Nazim had been minister of defence since the transfer of power – one of the first appointments made by Dr Mohamed Waheed who assumed the position following the unrest of February 7.

Video footage on that day showed Nazim addressing mutinous police and military units gathered in Republican Square, saying he had delivered an ultimatum on their behalf demanding Nasheed’s unconditional resignation.


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