Author: Mariyath Mohamed

Islamic Ministry calls for ban on mixed-gender dancing

The Ministry of Islamic Affairs has sent a circular to all government institutions banning the holding of any mixed gender dance events.

The circular, which was sent to all government offices, council offices and media, also calls for adolescent girls to be banned from activities requiring them to dance.

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed called on the government to cease including activities such as dancing and singing to mark various occasions.

The administration of former President Mohamed Nasheed had included such dancing in official celebrations to promote and preserve traditional Maldivian culture. However Shaheem said such activities contravened the disciplinary guidelines and customs of Islam. It is unclear whether the call in the circular is legally enforceable under existing regulations.

The Ministry said it was acceptable to hold performances which fall within the boundaries of Islamic customs and disciplinary norms. Events such as children’s activities, performances exhibiting military skills, parades, playing the national anthem, boy scouts and girl guides performances, and the folk dance ‘Thaara’ were acceptable forms of entertainment, according to the Ministry.

‘Thaara’, dhivehi for ‘tambourine’ is a folk dance where performers sit in parallel rows, singing and dancing. This is performed specifically by men. The traditional songs sung during ‘Thaara’ are mostly in Arabic and the activity itself is said to have entered Maldivian culture through Arab influence.

The Islamic Ministry stated that its mandate is to provide religious counsel to the government, to plan state-organised initiatives of spreading and strengthening islamic values among Maldivians, and to teach citizens the righteous ways outlined in the religion.

Shaheem told Minivan News today that the directives in the circular were intended for both state bodies and individual citizens. He made no further comment.

The call for gender segregated performances comes after the government held a belated Independence Day celebration on September 9. The event was held at the National Stadium and featured dances and other performances by school children and the security forces.

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High Court rules circumstantial evidence sufficient proof for child sexual offences

The High Court has ruled that in cases concerning sexual offences against children where there is not sufficient evidence as specified in the law,  the offence can be proven in court based on circumstantial evidence.

The unanimous ruling was passed by a panel of three judges who presiding over an appeal lodged by a defendant, who had been sentenced to 10 years in jail by the Baa Atoll Fehendhoo Magistrate Court on charges of sexual abuse involving a child.

Act number 12/2009, detailing special actions to be taken in cases of sexual offenses against children, states that a minimum of 5 out of 12 types of evidence specified in Article 47 must be presented for the crime to be proven in court.

An official of the Baa Atoll Fehendhoo Magistrate Court told Minivan News that the case had been concluded by the court on June 21, 2011.

She said the incident itself involved allegations that Ali Abdul Rahman of Blue House, B. Fehendhoo had sexually abused an underage boy from the same island on July 24, 2010.

She also confirmed that the case had been concluded regardless of the required five types of evidence not having been presented, on the grounds that there was enough circumstantial evidence to prove the offence had occurred without a doubt.

Minivan News reported earlier this month a case involving an underage girl who was was sentenced under Sharia law to 100 lashes and eight months house arrest for fornication with a 29 year-old man. The man was sentenced under common law to 10 years in prison.

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Clear and visible action must be taken in cases of human rights violations: Blake

US Assistant Secretary of State for South and Central Asian Affairs Robert Blake on Wednesday met with President Mohamed Waheed Hassan Manik, former President Mohamed Nasheed and a number of civil society organisations.

“In all of my meetings today with the leaders, I stressed the importance of all parties working together to develop and act on the needed legislation on issues of reform, to increase capacity of the judiciary, the security services and independent institutions like the Police Integrity Commission and the Human Rights Commission,” Blake said at a press briefing held at Traders Hotel.

Blake told media that during his meeting with the president, he had emphasised the importance of ensuring security services acted in accordance with international standards and to do everything they can to respect human rights.

He added that all parties should work to promote dialogue and cooperation so that they could together strengthen Maldivian democracy and prepare for elections in the coming year.

Blake said that the while US would be extending support to the security services to strengthen build their capacity, a lot of importance would be given to the issue of human rights through any training provided by the US.

Stating that the CNI report, which was released in August, has indicated that there was a lot more work that needed to be done, he said “I was pleased that everybody I talked to today understands the need to implement those recommendations (in the CNI report) and welcomes it”.

Blake confirmed that the US would stay closely engaged and would assist in the implementation of many of the recommendations put forward in the CNI report.

Although Blake claimed that all leaders had pledged to implement the CNI’s recommendations, he declined from commenting on the government’s stand regarding the recommended action against what the report states to be “acts of police brutality which occurred on 6th, 7th and 8th February.”

“Let me tell you what I said. We take all allegations of human rights violations very seriously. We urge that the government investigate those [allegations] in a credible manner. And we think that there needs to be clear and visible disciplinary action taken if there is evidence of wrongdoing found,” Blake said in response to the question posed by Minivan News.

In a press conference held after the release of the report, the Minister of Home Affairs has said that the only individual the government would take action against with reference to the CNI report was Former President Nasheed.

Maldivian Democratic Party MP and Spokesperson Hamid Abdul Ghafoor said the party welcomed the support from the international community, particularly in supporting what he claimed were two of the liberal values it currently advocated for.

“In our way forward strategy, we are calling for three specific things. We welcome this support for two of those liberal values; action against human rights violations and early elections. There is one more value though, and that is the issue of the opposition parties PPM and DRP being in government,” Hamid told Minivan News today.

President’s Office Spokesperson Masood Imad was not responding to calls at the time of press.

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Moderator of All-Party Talks resigns as MDP withdraws

Convenor Ahmed Mujuthaba has resigned from the All-Party Talks.

The talks were envisaged by India as a means to resolve political tension in the country as one track of the international community’s response to the situation, together with the Commission of National Inquiry (CNI), but have since been eclipsed by the leader’s dialogue talks.

The CNI recently released its report stating that there was no coup in the Maldives, that Nasheed did not resign under duress, and that no police mutiny took place.

In a press release issued by the talks’ secretariat, Mujuthaba stated two specific reasons for his decision to resign.

The first reason was that the Maldivian Democratic Party (MDP) had declined from participating in the talks at present, Mujuthaba stated. As the All-Party Talks have now been converted to Leaders’ Dialogue, which is limited to parties that have parliament representation, he suggested that the talks could be continued within parliament itself.

The MDP has released a statement last night stating the party had decided in its National Executive Council meeting to stop participating in the talks for the time being. While it further states that this is not a permanent withdrawal from the discussions, the statement does not cite the reasons behind the decision.

President’s Office Media Secretary Masood Imad however said to Minivan News today, “Mujuthaba has resigned. What more is there to say? MDP has hijacked the all party talks.”

He declined from commenting on whether the Leaders’ Dialogue meeting scheduled for this afternoon would still be held.

At the initial Leader’s Dialogue meeting of 2nd September, the MDP Chairperson’s request for placing the issue of MDP’s role in the government on the discussion agenda gave rise to dissenting opinions through the coalition.

President Waheed had later stated that there was no possibility of MDP joining the unity government.

President’s Advisor on Political Affairs Ahmed Thaufeeg, earlier this month was quoted in local media as stating that MDP should attend the Leader’s Dialogue accepting that there would be no discussions concerning early elections, no chance of the party joining the current government, and that the party should have no further conditions.

Ahmed Mujuthaba was not responding to calls at the time of press.

MDP International Spokesperson Hamid Abdul Ghafoor told Minivan News today that the party had temporarily withdrawn from the All Party Talks for the purposes of ‘reconsideration and re-engagement’.

Hamid said that on August 14 the MDP had taken the initiative to suggest holding talks between the parties represented in the legislature, but the proposition had initially been rejected by the government, who wished to have the talks after the release of the CNI report.
According to Hamid, the MDP came to the decision to reconsider participation because the government was unwilling to address a number of important issues, ranging from declaring the political alignment of the current government, taking action against police brutality as noted in the CNI report, and the possibility for early elections.
Hamid further said the the party believed that for the talks to be successful, it needed a strong convener and that this needed to be facilitated by the international community.
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PPM claims 8000 membership applications rejected for “unclear fingerprints”

MP and Spokesperson for former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM), Ahmed Mahloof, has told local media that close to 8000 membership forms from his party have been rejected by the Elections Commission (EC).

Stating that the Elections Commission’s main basis for rejection were the fingerprints on the forms not being up to standards, Mahloof claimed that this was because the EC did not have modern machinery to look at the fingerprints and relied on the staffs’ perception.

Mahloof further stated that the party may have to lodge the case in court, as the issue leads to reduction in number of party members and causes financial loss to the party. He said that he believed this to be discrimination against his party.

While the latest figures on the Elections Commission website shows PPM to have 17,403 members and 650 pending applications, Mahloof claimed that the party’s actual membership was close to 30,000.

Meanwhile, Vice President of Elections Commission Ahmed Fayaz told Minivan News today that similar complaints had been received from other political parties, the including Jumhoree Party, Dhivehi Rayithunge Party (DRP), and the Maldivian Democratic Party (MDP).

“Party membership forms go through a 50 step verification process. We are doing this to minimise chances of fraud. After we introduced this procedure, we are no longer receiving any complaints from individuals who have been placed in parties without their knowledge,” Fayaz said.

Fayaz said that it was true that the Elections Commission did not have machinery to verify fingerprints. However, he said that the commission forwarded complaints to the Maldives Police Service, who would use their resources to look into the matter.

Fayaz also confirmed that membership forms submitted by different parties were most often rejected due to fingerprints of applicants being unclear. He said they were unable to accept forms unless there was a clear fingerprint marked on it, since the MPS would rely on that should a complaint be lodged in future.

The Elections Commission plans to set up its own fingerprint verification system in the near future.

PPM Spokesperson Ahmed Mahloof and Interim Deputy Leader Umar Naseer were not responding to calls at the time of press.

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We will take action against those involving children in begging: Ministry of Gender, Family and Human Rights

The Ministry of Gender, Family and Human Rights has released a statement regarding the issue of children being involved in street begging.

The ministry has said it will take legal action against those responsible for involving children in begging, and those who allow children to stay unaccompanied in the premises of the local market .

The ministry expressed concern that street vendors in the local market have young children, some of school-age, accompanying them. The statement says they find the issue further worrisome as they have noticed that arguments are common there, and foul language is often used in the presence of minors.

The statement further notes that they have observed children playing in the sun, taking meals and sleeping in the same area. The ministry notes that these actions may have a negative effect on the child’s growth and behaviour, and as such are risks to their safety, health and physical well-being.

The ministry further states that exposing children to such environments would have a detrimental impact on their education and upbringing. It states that this bringing up children in this manner is against the law, referring to the Child Protection Act.

The Ministry of Gender, Family and Human Rights was unable to further comment on the issue at time of press.

Minivan News reported in January that a number of elderly people had been forced out of home and had begun sleeping in the local market.

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PIC report calls for action against rogue police, holds former Commissioner Faseeh accountable

The Police Integrity Commission (PIC) has published a summary of one of its three reports concerning the February 2012 events on their website.

Of the three separate reports the PIC has said it will release, the one published today (in Dhivehi) covers the events the investigation carried out to see if the police had committed any unlawful acts during the events of February 6 and 7, which led to the controversial transfer of power in the Maldives.

The report highlights nine different incidents. In five of these, the report states that the commission will further investigate the role of the police and take necessary legal action.

It explains that the investigation was carried out with reference to videos downloaded from the internet, CCTV footage, interviews and phone logs. It emphasises that all conclusions were reached in the light of information uncovered from the above-mentioned means and the existing legislative framework.

According to the report, all conclusions were reached with the unanimous agreement of all five members of the commission.

Regarding the matter of police withdrawing from and returning to the Artificial Beach on February 6, the report states that the order to retreat was given by then President Mohamed Nasheed. It goes on to say that in refusing to obey this command, the police in the area had been acting in accordance with provisions in the constitution and the police act, while concluding that then Commissioner of Police Ahmed Faseeh, Deputy Commissioner of Police Ismail Atheef, Chief Superintendent of Police Farhad Fikry, Chief Superintendent Mohamed Hameed, Superintendent Ibrahim Adnan Anees and Superintendent Ahmed AbduRahman had acted against these laws, namely Article 244(a) of the constitution, Article 6 (8) of the Police Act and the official police oath.

The report states that the commission believes that police occupying Republican Square had made valid and justifiable demands. It details these demands to have been for the Commissioner of Police to meet them, agree to not give them any more unlawful commands, and to provide a guarantee that no action would be taken against the officers for the events of that night.

While highlighting that police themselves have a constitutional right to go on strike, the report notes that it was wrong for them to have remained in the Republican Square after civilians joined the area and the gathering turned into a politically-motivated one. The report notes that it was some among these citizens who called for the resignation of then President Mohamed Nasheed.

With reference to the damage caused by officers to the police headquarters, the report says: “With reference to the videos and accounts reviewed by the commission, we have found that some among the police officers gathered in the Republican Square on February 7  entered the [police HQ] Shaheed Hussain Adam Building, damaged property, broken the panes of a window, took down the police flag, threatened senior officers and committed violent acts against them. These are disciplinary and criminal offences which should not have been seen from police officers.”

It furthermore states that these will be treated as separate offenses and legal action would be taken against those involved.

In contrast to the general account of events, the PIC in its report states that supporters of MDP and other civilians had marched into the area where the police were chanting their mission statement. The report claims that this led to clashes in which persons from both sides sustained injuries. It notes that the MDP were allowed to approach the police because MNDF officials who were tasked with cordoning off the area had retreated.

The PIC further claimed that its investigations had uncovered that police had entered the MDP ‘Haruge’ only with the intention to catch some individuals who had attacked the police at the Artificial Beach, and then run to the Haruge to hide. It also noted that people and property in the Haruge were attacked by both police and “some other persons”, stating that the commission would further investigate the role of the police in the incident, and take any required legal action.

On the issue of the takeover of the state TV channel, MNBC One, by police, military and opposition demonstrators, the report observed that the police went to the channel’s offices under the orders of an unnamed senior level commander. It states that they went to “provide protection to the channel” since it had received information that some civilians had entered and were vandalising state property within its premises.

The report states that police had been able to enter the MNBC premises after two attempts because a group of civilians were attacking them with sticks and stones outside the building. It describes the police entry into MNBC:

“Tear gas was used as police were unable to enter the MNBC premises due to attacks from civilians outside. The gate was locked, so police fired teargas with a riot gun into the premises through an opening in the gate. The police are authorised to use this weapon. Tear gas was fired inside in case there were people inside who might again attack the police. The gate was opened merely by thoroughly shaking and pushing it.”

The report notes that although the police used a “strict attitude” which “checking” the station, they did not commit violent acts against the people there. It also says that the police did not in any way attempt to influence the channel’s broadcasting. It states that the police checked the premises to see if any outsiders were there, and then retreated from the building. The PIC defends police’s actions in this matter by stating they were in accordance with Article 2 and 4 of the Police Act.

As a final point of investigation, the report notes that some police officers were injured in clashes between the officers of MPS and the MNDF. It holds then Commissioner of Police Ahmed Faseeh accountable, quoting negligence, and states that the commission will take legal action against him.

The only recommendations in the report are directed for action from the Minister of Home Affairs. The recommendations are that the police institute remain free from political influences, and for the establishment of a working environment where the police could work without bias and with equability and fairness.

“A noble request can be made in an unlawful environment”

President of the Police Integrity Commission, Shahindha Ismail, speaking to Minivan News today expressed concern that some local media were misinterpreting the PIC report.

“The PIC does not collectively call the actions of the police on the 6th and 7th of February constitutional.”

“A very noble request or demand can still be made in an unlawful environment. This is what we are saying. The demand by the police to not give them unlawful commands was within the boundaries of law. But that they had remained there, with civilians, as part of what had escalated into a politically motivated gathering is wrong.”

Shahindha further said that the fact that many of the incidents highlighted in the report called for more investigation and action against police, confirming that the PIC did not endorse police action of the days in question as lawful.

PIC has previously said that it meant to release the reports before the CNI report. Shahindha said that the delay had been due to complications during the in-depth investigation.

President Nasheed’s nominee to CNI, Ahmed ‘Gahaa’ Saeed, when sharing his reservations with the press, had expressed disappointment that the CNI had not received the PIC report during the inquiry phase.

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Maldives likely to leave Commonwealth if not taken off CMAG agenda: Dunya

State Minister of Foreign Affairs and daughter of former President of 30 years Maumoon Abdul Gayoom, Dunya Maumoon, has said the Maldives would likely leave the Commonwealth if not removed from the formal agenda of the Commonwealth’s human rights and democracy arm.

Speaking at a press conference held in the Foreign Ministry on Wednesday, Dunya said, “We call on all the member countries of the Commonwealth Ministerial Action Group (CMAG) to remove us from the agenda at the earliest possible opportunity. We do not altogether deserve to have been put on this agenda”.

Dunya stated that following the release of the report by the Commission of National Inquiry (CNI), many foreign countries had complimented the commission’s work. While she expressed concerns that “reactions from two countries are somewhat worrying”, she declined to name either country.

President Mohamed Waheed’s government reformed the CNI at the Commonwealth’s request, to include a representative from Nasheed and a foreign legal authority as co-chair. The government requested a retired Singaporean judge, and G P Selvam was duly appointed.

The final report, published at the end of last month, concluded that the transfer of power on Feburary 7 was constitutional, that President Mohamed Nasheed’s resignation was not made under duress, and that there had not been a police or military mutiny. It also noted that there were “acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Nasheed’s representative Ahmed Saeed resigned from the CNI the evening prior to its publication, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

While subsequently accepting the report, Nasheed observed that it had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

CMAG ministers are due to consider the report in a teleconference on September 11.

Dunya said that should Maldives remain on the CMAG agenda following the teleconference, there were reservations within the government over whether the Maldives would choose to remain as a Commonwealth member.

She said there were a “huge number” of people who felt the Maldives should leave the intergovernmental organisation.

“Should the Maldives continue to be kept on the CMAG agenda, I have to say that there are a lot of citizens and very senior members of the government who have many serious concerns regarding whether the Maldives will stay on as a member of the Commonwealth,” Dunya said.

“There may not yet be an official decision by the President himself, or by any other high-level government official. We do not want to highlight this just yet. But from what I have heard, and the information I have received, there are a lot of people who no longer want [the Maldives]  to remain a Commonwealth members.”

Dunya’s comments were echoed by President Waheed’s Political Advisor, Dr Hassan Saeed.

“CMAG seems in no hurry to remove the country from its agenda. This is a continuing infringement on our sovereignty and is tantamount to holding us hostage,” Saeed wrote, in an article for local newspaper Haveeru.

“Since the publication of the CoNI report there has been absolutely no justification for keeping the Maldives on CMAG agenda –not even for a single day,” he claimed.

“In view of this I would now argue that if CMAG does not remove the Maldives from its agenda in its next teleconference on 11th of this month, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world,” Saeed said.

The CMAG had placed Maldives on its formal agenda in February, at the time citing ‘the questions that remain about the precise circumstances of the change of the government, as well as the fragility of the situation in Maldives’ as reasons.

The government has maintained that the CMAG ‘lacked mandate’ to place Maldives on the agenda. Following this there has been multiple instances where the government had expressed disapproval in what it termed ‘interference’ by the Commonwealth.

Members from the coalition government has submitted bills in the parliament in late April to withdraw Maldives from the Commonwealth.

The government itself has said in March that it “may reconsider” membership in the Commonwealth.

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RaajjeTV files case against President’s Office over media boycott

Local private news channel RaajjeTV has filed a case against the President’s Office in the Civil Court, complaining that the station had been boycotted from official events.

Deputy CEO of RaajjeTV, Yamin Rasheed, told Minivan News “This whole issue began with the government’s Media Secretary Masood Imad excluding RaajjeTV in all invitations to media to cover their press events.”

“Initially, Abbas Adil Riza (President’s Office Spokesperson) held a different opinion. But then it became a norm for the government to block us from events, even refusing access and turning us away when we took the initiative to find out about events and attempt to cover them with or without invitation.”

Yamin said that the channel had repeatedly been denied entry to press events in the President’s Office and were not sent any of the government press statements. He said that they had observed this treatment was particular only to their channel.

“What is most worrying to us is that this behaviour is setting a precedent where state bodies are infringing upon media’s right to information. We are being deprived of constitutional rights. This goes against principles of maintaining equitability among media organisations,” Yamin detailed their concerns.

Vice President of the Maldives Broadcasting Commission, Mohamed Shaheeb told Minivan News today that the commission had not discussed this issue yet.

“We haven’t even received any complaints regarding the President’s Office denying access to a particular media outlet,” Shaheeb said.

Although MBC denies having received complaints, Chairperson of RaajjeTV Akram Kamaluddeen has confirmed that complaints have been lodged.

“We have officially written to MBC about all of these issues, including the President’s Office blocking access to events. We haven’t received a response yet.”

President of the Maldives Journalists’ Association Ahmed ‘Hiriga’ Zahir has commended the efforts by Raajje TV to protect their rights.

“I support the channel’s actions to protect their constitutional rights. Even if the government has complaints about the channel’s broadcasting conduct, there is a procedure through which this can be professionally settled. I feel that this could have been settled through dialogue, otherwise the government could have lodged complaints with relevant commissions,” Zahir said to Minivan News today.

MJA has last month released a statement stating that it would neither encourage nor accept the boycotting of any media institution by either state bodies or political parties.

Minister of Home Affairs Mohamed Jameel Ahmed has previously named Raajje TV as ‘enemies of state’ in a press conference held in July, the same day on which the Maldives Police Services publicly stated its refusal to provide cooperation or protection to the channel.

Raajje TV has also filed a case against the Maldives Police Services earlier this month over their decision to deny cooperation or protection to the channel.

Rasheed told Minivan that they had also lodged complaints with the Anti-Corruption Commission.

“With regard to this issue, we have lodged a complaint against President’s Office Media Officer Nihla Abdul Sattar with the ACC. We’ve previously filed two other cases at the commission. One of this was against the MPS as an institution. The other was against the Media Spokesperson Sub-Inspector Hassan Haneef. We believe he is abusing the powers entrusted to him for his role as media spokesperson to benefit certain media outlets, while deliberately blocking or sidelining others,” Yamin told Minivan News today.

RaajjeTV has been the subject of continuous verbal attacks by the state following the transfer of power in February. In early August, Raajje TV’s control room had been sabotaged by intruders.

Press freedom organisation Reporters Without Borders at the time condemned this attack, stating “This targeted and well-prepared operation was the foreseeable culmination of the new government’s escalating verbal attacks on Raajje TV. How the authorities respond will be seen as a test of their commitment to media pluralism.”

President’s Office Media Secretary Masood Imad was not responding to calls at the time of press.

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