High Court rules Jabir cannot be released

The High Court has decided that the Maldivian Democratic Party (MDP) member Abdulla Jabir cannot be released from jail as his legal team had requested.

Jabir’s legal representatives submitted their appeal earlier this month on March 3. At the hearing yesterday (March 10) Jabir’s lawyers asked the court to release the MP until it had reached a conclusion on whether or not to uphold the Criminal Court’s decision to imprison him for 12 months.

On February 20 Jabir was sentenced to 12 months in prison after being found guilty of failing to provide a urine sample to the police to run a drug test.

The Kaashidhoo MP’s representatives have argued that his trial and sentencing “was in violation of several procedural and factual formalities accorded in the Constitution and statutes of the Maldives.”

Local media reported that the High Court informed Jabir’s legal team that their request could not be granted later on the same day.

The incident leading to Jabir’s imprisonment happened on November 16, 2012, when a total of 10 people were taken into police custody after police raided and searched the island Hondaidhoo. Officers alleged they found large amounts of “suspected” drugs and alcohol upon searching the island.

Police Sub-Inspector Hassan Haneef said at the time of the arrests that officers requested all suspects taken into custody on Hondaidhoo to provide urine samples for a routine examination. Seven individuals including other senior MPs refused to give a urine sample, leading to prosecution.

Police issued an order for Special Envoy Ibrahim Hussain Zaki – one of those facing charges related to the incident – to be taken into custody presented in court after officials were unable to present him with a summons.

After his conviction, Jabir’s legal team submitted a plea to the High Court arguing that he had the right to campaign for the Majlis elections. Jabir was set to re-contest his Kaashidhoo seat after an internal MDP decision to discipline the MP for repeatedly breaking three-line whips was overturned on appeal.

The constitution stipulates that a anyone sentenced to longer than 12 months in prison will be ineligible for election to the People’s Majlis.

While the MP was recently found not to have been guilty of possessing cannabis during the incident, his trial for alcohol possession is ongoing.

Speaking prior to this announcement by the High Court, Jabir’s wife Dhiyana Saeed stated the legal team would file a case with the Civil Court if the High Court did not accept.

Dhiyana was not responding to calls at the time of press.

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Human Rights Commission receives Juvenile Court summons

The Human Rights Commission of Maldives (HRCM) has been summoned to the Juvenile Court for a report that gave a “negative impression” of the court’s conduct during the sentencing of a 15 year old rape-victim to flogging and house arrest.

Following the release of the confidential report, the Juvenile Court has sent an order to every individual involved from the HRCM, summoning them to a court hearing this Wednesday (March 12) at 1:30pm.

The HRCM stated that they will release an official press statement after the court summons this Wednesday.

On February 26 2013 the Juvenile Court convicted the 15 year old girl on the grounds of fornication and sentenced her to 100 lashes and 8 months house arrest. The case attracted global concern from both local and international organisations, and the charges were later annulled in August of the same year.

Although the sentence was eventually annulled, the case attracted international attention to the Maldives’ juvenile court system and their policies in dealing with victims of sexual abuse.

Speaking with Minivan last year, HRCM member Jeehan Mahmoud said that the sentence represented a “continuous failure” on behalf of the whole state to protect children and other victims of sexual abuse.

The HRCM submitted an investigative report on how the court handled the case, taking into account safeguards, rights, and protections afforded to a victim of child abuse under the Maldivian constitution, Islamic Shariah, and international human rights standards.

Spokesperson for the Juvenile Court Zaima Nasheed explained that some points outlined in the HRCM report were not reflective of how the court conducted its work. She noted that it portrayed a negative impression of the court and tried to exert undue influence on its work.

Zaima added that the HRCM did not hold any discussions or ask for any questions from the Juvenile Court while they were compiling their review.

The Juvenile Court wished to clarify that they sent a letter to the HRCM last month to arrange a meeting, though the commission said that it would not be able to attend.

Following this, the court compiled a written document with all of its concerns and shared this with the HRCM. In addition to this, the court asked to meet again with the HRCM yesterday (March 9) at 10am. The HRCM did not respond to the letter and failed to attend the meeting, said Zaima.

In light of this, the HRCM was in breach of the constitution’s Articles 141, said Zaima. These state that no officials performing public functions can “interfere with and influence the functions of the courts”, instead they must “assist and protect the courts to ensure the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts.”

Following the 15 year-old’s conviction, local NGO Advocating the Rights of Children (ARC) called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims.

ARC also previously called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

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EU Election Observation Mission reveals monitoring plans

In preparation for the upcoming People’s Majlis elections, the European Union has implemented a full EU Election Observation Mission (EOM) in order to deter malpractice and support the democratic process.

The mission is led by Chief Observer Eduard Kukan – a member of the European Parliament from Slovakia and former Minister for Foreign affairs. Mr Kukan introduced the EU EOM at a press conference held in Malé today (March 9).

“The mission comprises of five election experts who are being joined by four long-term observers on 9th March. Some 20 short-term observers will be deployed closer to election day,” the statement read.

“This will be the first full EU Election Observation Mission to take place in the Maldives, and I hope that our presence will contribute to a peaceful and inclusive democratic environment for the benefit of the Maldivian people,” Mr Kukan added.

Prior to and during the elections, the observers will meet with everyone involved, and will look at the entire electoral process.

“The findings of the EU elections missions are based on verifying facts following an analysis of all technical aspects,” Mr Kukan noted.

The EOM is to work independently to give an “impartial, balanced and informed analyses of the elections”. In doing so, the mission hopes to monitor the extent to which the election complies with the country’s international democratic commitments and to domestic law.

Their findings will be published in a report intended to strengthen human rights and the rule of law, to deter malpractice, and to improve the electoral environment. The report will also make concrete recommendations to help improve the electoral framework.

The EU was invited to conduct the mission by the Maldives Election Commission (EC). This invitation was independent from any other government organisation, though the EOM has signed a Memorandum of Understanding with the Ministry of Foreign Affairs.

When Mr Kukan was asked if the Supreme Court charges against the EC will affect the forthcoming elections he stated, “we have to be very cautious.”

However, the mission head added that it would be inappropriate to give an assessment or any statement.

This will be the Maldives’ first full EOM, following the EU’s monitoring of the 2013 presidential election which the organisation – along with all monitors, domestic and international – described as “transparent and competitive”.

After the Supreme Court had begun investigating allegations of fraudulent voting, former Attorney General Dr Hassan Saeed, told the court that positive assessments of the September 7 presidential poll by local and international election observers “do not carry much weight”.

“Yes, I even agree that the voting process went very smoothly. But those foreign observers don’t know the depth of the issues. Their words do not carry much weight. Some of the elections which have been observed by the international observers, some people have died, but yet they have reported the election went smoothly,” Saeed told the court.

The Supreme Court subsequently annulled the first round of the election, imposing a set of 16 guidelines upon the future activities of the EC.

A preliminary statement of the current mission’s findings will be announced at a press conference to be held within two days of the elections, which take place on March 22.

Following this, a final report will be published two months after the elections.

The mission will operate in line with the “Declaration of Principles for International Election Observation”, which was adopted in 2005 by a number of international organisations at the United Nations in New York.

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Comment: Underground music scene leads growing youth movement

When I first wrote this article, I introduced my topic explaining that the new MDP government were in the tricky process of negotiating outside influences on the Maldivian population, whilst maintaining their own cultural heritage.

Now, when I come back to update my article I find that the disarray, brutality and suspicious circumstances with which the MDP has renounced its position leaves me lost for words. This short article cannot cover such a controversial and unexpected set of events.

Instead I want to reflect upon my experiences of the Maldives last summer: on my teaching placement with Salaam School, as well as my impressions of the youth movement in Male’, which at the time seemed to be blossoming -albeit in its infancy. I hope to bring to attention of the readers the importance of a creative outlet in the development of a young society, and the passion and virtue I witnessed in the growing Maldivian youth movement.

My experience of the Maldives comes from working under Salaam School; a charity funded ‘mobile’ school, which toured the islands of the Maldives offering pop-up classes in vocational training to unemployed young people. The courses were a great success, and sought to educate youth and strengthen communities.

Salaam School was founded in Male, the Maldives in 1999 by Maldivian local Aminath Arif; an inspirational woman who advocated equal rights to education, she was a mentor to the young generation of the Maldives. I had the honour of teaching a two month course in ‘Computer Administration and Book Keeping’ over the summer of 2011. Unfortunately, I arrived in Male’ too late to meet Aminath, and ultimately, the death of Aminath Arif was the death of Salaam School.

The loss is something which I believe is still felt across the Maldives. Aminath Arif died in a tragic accident on July 8, 2011, and without her management in Salaam School, its courses inevitably ran dry. Without her leadership, none have successfully taken control of the school with the integrity it requires.

In order to understand Salaam School and its intentions better, it helps to look a little at the history, and the trouble that Aminath found when launching the school. When I arrived to teach, Salaam School had been aimed at teaching ICT and the leisure industry, however, Aminath’s original vision for the school was a creative-based education, focusing on music, language and art as a means of tapping creative potential and encouraging freedom of expression. Aminath’s essay, ‘The Maldives Must Value the Arts Education’, written in 2010, can be found on Minivan News, and articulates her struggles when first opening the Salaam School. Aminath writes:

New Maldivian artists, new forms of art and new opportunities developed to a peak in the early 90s and slowly started receding because as the Maldives entered the era of the nineties, political control on whatever brought people together was held in check.”

Then returned the Islamic-educated ‘scholars’, adamant to put a stop to all forms of performing arts and visual images.

Both the intentions, one for political purpose and the other to spread the new messages of Islam, coincided perfectly, brutally fragmenting and replacing the hopes of the Maldivians with confusion, fear and disconnection within themselves, within families and within communities.

In order to contest the growing control over artistic expression and community collaboration, Aminath attempted to set up Salaam School. Unfortunately, Salaam school was never able to reach the goal of becoming a fully fledged arts school, and had to change its primary focus in order to get funding. Now, fast-forwarding to today, the course I taught on the small island of Thimarafushi was the last of its kind. It was a hollow victory to conduct my final exams and leave the small island to return to the capital of Male’, knowing that Aminath was no longer campaigning for the intellectual and creative liberation of the youth of the Maldives.

The fight for liberation is now bestowed upon the new generation. In Male’, the underground music scene is bubbling away under the surface of the city. Live music is an outlet for countless young men and women, who attend secret gigs in various locations across the capital. Heavy metal is one of the newest genres to take off; its loyal fan base spreads the news of upcoming gigs to peers by word of mouth. Recording studios, too, are hidden in garages and outhouses around Male’. Small music shops are popping up on the streets, boasting a whole range of Maldivian and Western instruments.

As well as music, the surfing culture has been growing rapidly. Surfers Against Sewage are cleaning up the beaches, and post hand-made signs along the coast campaigning against litter. Many DJs are hoping to combine surfing and music by holding surfer’s parties, where young people go to socialise and collaborate. Music, as Aminath rightly pointed out, unifies all of these young people and offers solidarity in a climate which seeks to isolate.

Unsurprisingly, the police crack down on any live music or DJs, and they quickly cut off any live music or parties. However, the police’s intolerance to music does not deter the next generation. They are on a path towards a conscientious future: the values underpinning the youth movement are an inspirational mix of heritage, community and environment. Over the next few years, the youth movement will be gathering momentum, and hopefully the authorities will not be able to catch up with them.

I hope to demonstrate that the Maldives would benefit from more charities, like Salaam School, which seek to facilitate a creative outlet for the next generation in the Maldives. The creativity which is burning inside of every young person needs to be praised and encouraged. Without a doubt, the next generation in the Maldives are environmentally and politically engaged. Their efforts to clean up the shores, campaign for democracy and collaborate with their peers demands attention, approbation and encouragement.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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