Category: Politics

Majlis impasse may obstruct passing of 2011 Budget

The 2011 State Budget to be deliberated by parliament next week will target more funds for island development, provide soft loans for small business and encourage private sector job growth, President Mohamed Nasheed said yesterday in his weekly radio address.

A shift from line-item to programme budgeting makes next year’s budget “very different from previous years” as it will direct more resources to islands for managing development programmes.

The budget for individual islands “will be much higher than it was in the past”, Nasheed explained, as the government anticipated “the work of ministries will be reduced and especially, when atoll councils and island councils start functioning, the government believes it will have, that it should have, responsibilities to carry out.”

While the budget includes a programme to offer government guarantees on soft loans to small and medium-sized enterprises, he added, economic policies will aim to spur job growth by strengthening the private sector.

“For example, the transport network – 300 new jobs have been created within that system,” he said, reiterating the government’s policy of pursuing public-private partnerships.

Moreover, the Human Resources Ministry is currently compiling a national employment registry to track monthly rates of job losses and employment gains, he revealed.

Gridlock

As the final sittings of the year are set to resume on Monday, parliament remains at loggerheads with the executive over the endorsement of cabinet members, with forced cancellations paralysing the legislature for the past three weeks.

While the opposition majority insist that ministers must be approved individually, MPs of the ruling Maldivian Democratic Party (MDP) favour a ‘block vote’ for all ministers and moreover argue that the issue must be removed from the agenda until parliamentary rules of procedure is amended in light of the landmark Supreme Court ruling last month.

The Supreme Court ruled that while article 171(i) of the parliament’s rules of procedure, which allows nominees to be questioned by committee, does not contradict with constitution, it cannot be used in endorsing cabinet ministers.

Addressing supporters during a campaign rally last week, opposition Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali said that although the party engaged in official talks with the government and international mediators “in the end after three months when there is still no way to hold ministers accountable, and when these ministers do as they please, the result ultimately is adverse effect on the lives of the Maldivian people.”

Writing in his website in September, the parliament majority leader argued that parliament was “unable to effectively provide the checks and balances necessary for the system to work democratically” and exercise oversight powers with the cabinet awaiting parliamentary consent.

Thasmeen further claimed that “failure of government officials to appear before the parliament is part of a series of deliberate acts by the government to pave way for autocratic rule,” adding that the opposition “should seriously consider taking legal action against government officials who ignore requests to appear before the parliament.”

The cabinet was reappointed by President Nasheed in July after resigning en masse in protest of the “scorched-earth policies” of the opposition, which it accused of obstruction and attempting to wrest executive control from the government.

DRP MP Ahmed Nihan told Minivan News today that “no MP would obstruct the passing of the budget, but they should advocate on behalf of their constituencies.”

Nihan said that the party would seek to “make adjustments and change some components” as with the 2010 budget, claiming that opposition MPs’ constituencies were neglected by the government.

He further criticised the government for revenue shortfalls due to “failed projects such as privatising IGMH (Indira Gandi Memorial Hospital) and not collecting the full amount for the sale of Dhiraagu shares”.

While he expressed confidence that MPs would “fulfill their constitutional responsibility to pass the budget and ensure that services are provided to the people”, Nihan backed the DRP Leader’s stance on resolving the cabinet issue as the first priority.

“According to the constitution, the Finance Minister has to submit the budget,” he explained. “But we don’t believe there is a Finance Minister right now. What [Thasmeen] is saying is how can we go forward without resolving this. So let’s finish this first.”

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Comment: Challenges remain for child rights in the Maldives

November 20 marks the 21st anniversary of the Convention on the Rights of the Child (CRC). The CRC is a landmark Convention formulated in 1989, founded upon the collective realisation, understanding and agreement among nations of the world that childhood is entitled to special care and assistance.

The CRC underpins the international agreement articulated in the Declaration of the Rights of the Child of 1924 that the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth. The CRC is the most ratified international treaty, having been signed by all countries of the world, bar two, representing a major milestone in the efforts to achieve a world fit for children.

The Maldives ratified the CRC in 1991, being amongst the earliest signatories to the Convention. Accession to the CRC has achieved substantial benefits for the children of the Maldives. The Law on the Protection of the Rights of the Child (Law 9/91), for example, is derived directly from the provisions stipulated in the CRC, providing a legal basis for the protection of children in the Maldives.

The anniversary of the CRC provides an excellent opportunity to take stock of the achievements Maldives has made in the realisation of the rights of children to survival, development, protection and participation as well as to examine opportunities and challenges that lie ahead.

Maldives has made remarkable progress in development over the last several years having achieved five out of eight Millennium Development Goals ahead of time, making it the first MDG plus country in South Asia. These achievements demonstrate significant progress for Maldivian children with regard to their survival and development. Initial steps are being taken to establish mechanisms for the protection of children. Family and Children Service Centres have been established in the atolls with the intention of bringing protection services closer to the people. There is also widespread dialogue amongst political and civil leaders, as well as the public at large on issues relating to child protection and a greater demand for more urgent and stringent actions to prevent child abuse.

Despite the substantial progress made for Maldivian children, several challenges remain. While the health and nutrition status of children are improving, malnutrition and under-nutrition of children remains persistent throughout the country with one in five Maldivian children under five years being stunted.

The challenges for sustaining achievements in education at the primary level relate to quality and limited opportunities for children with special needs. Furthermore, the low completion rates at lower secondary level combined with limited opportunities for vocational education and recreational opportunities have lead to a whole host of problems surrounding youth including drug abuse, juvenile delinquency and gang violence.

Children continue to be exploited, abused and neglected. The child protection system lacks capacity, adequate resources and proper coordination between agencies responsible for protection, care and rehabilitation. Additional challenges affecting the realization of children’s right to protection include lack of a proper juvenile justice system, including juvenile justice legislations and comprehensive child rights and child protection legislation.

Article 12 of the Convention stipulates that, “State Parties shall assure to the child who is capable of forming his or her own views the right to express those views freely in all matters affecting the child, the views of the child being given due weight in accordance with the age and maturity of the child”. Children remain left out of the decision making process in matters affecting them.

Recommendations of the CRC Committee to the Combined Second and Third Report of the Maldives to the UN in 2006 highlight key actions that can accelerate the realization of the rights of Maldivian children. The responsibility for success not only lies with the State, but also with the parents, caregivers, and the community.

Human Rights Commission of the Maldives (HRCM) and civil society groups, as well the media, are essential in monitoring and advocating for child rights. Strong families and communities are central to augmenting the gains made for children. Parents can play a critical role in the all round development of the child by providing love, care and a supportive environment. A mechanism for children’s participation in matters affecting them needs to be put in place. The evidence base needs to be strengthened and utilised to ensure the most vulnerable children are identified and reached. Strategic partnerships between the State and civil society as well as the private sector need to be strengthened to guarantee all Maldivian children have an equal chance to reach their potential.

The anniversary of the CRC is a time for us to revisit the pledge the world made for children. Most importantly, it is a reminder for us of what we have left to do to realize all rights, of all children. On this occasion, let us recall the words of former UN Secretary General, Kofi Annan who said, “There is no trust more sacred than the one that the world holds with children. There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and want and that they can grow up in peace”.

Bertrand Mendis is the UNICEF Maldives Representative.

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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Paradise hosts third round of Taliban peace talks

The Maldives last week hosted a third round of peace talks between the Afghan government and members of Taliban-linked resistance group led by ex-Mujahideen Gulbuddin Hekmatyar, one of the three key leaders of the armed opposition in Afghanistan.

Paradise’s manager Qaisar Naseem confirmed to Minivan News that the third meeting, “of 50 or so people”, was held at the resort around November 9.

“It was independently organised and involved some people from Afghanistan, but they were not [identified] as Taliban. There were people from the [Afghan] government as well,” he said. “They brought the media with them.”

The delegates caused no problems and were “very decent, very friendly, and talked to the other guests,” he said.

In a press conference today prior to his departure to Sri Lanka, President Mohamed Nasheed said the government was “aware of these conferences” but had no involvement.

“We do not at all feel that they bring a security risk. The security services of this country – police and other intelligence services – have a very good grip on who is doing what,” Nasheed said.

“Our position is that anyone wishing to have a conversation or bridge a gap to resolve a conflict is always very welcome in the Maldives.”

However, in the event of future talks between the Taliban and the Afghan government, it is likely the gates of Paradise will remain closed.

Naseem said that while hosting the conference itself was harmless, the resort was “fully dependent” on European visitors, and management was acutely aware that the meetings could have a “negative impact” on guest perception.

“There’s no problems actually holding these events, but it does have an adverse effect on perception,” he explained. “To be honest, we’re not going to do it again.”

President of the Maldives Association of Tourism Industry (MATI), Mohamed Ibrahim ‘Sim’, told Minivan News that he had not had heard of any adverse reaction to the meetings from tour operators or the wider travel market.

“I don’t understand why there should be an impact [on perception],” he said. “The fact we are providing a safe haven for people with a peaceful agenda to come and discuss issues across a table does not detract from the image of the country.

“Some of these leaders are seen as terrorists and warlords, and the fact they are coming to the meeting emphasises the safety of the destination,” Sim said.

“We are a tourist destination and we don’t want to dragged into global geopolitics and the animosity between nations. We don’t want to antagonise anybody – that’s how a small and defenceless nation like the Maldives has been able to survive, and will hopefully continue to do so.”

Outcome

Central Asia Online reported that during the five day conference delegates proposed to form a supreme shura (‘consultation’), the Shura-e-Aali Amniyat-e-Milli, under which representatives from Afghanistan’s political, ethnic and warring groups would review “all major government policies before they are introduced before the parliament.”

“Policies would have to be passed with a two-thirds majority of the shura to be passed on to parliament or be implemented,” the US government-sponsored news site reported.

Taking on an almost parliamentary function, the shura would also approve ministerial, judicial, and independent commission appointments, the site reported. In the meantime, a ‘peace commission’ would be created to broker a ceasefire between the government and insurgent groups. A communique on the final day also called for the “immediate withdrawal” of foreign troops from Afghanistan.

The meeting was the third in a series of gatherings held this year in the Maldives, and the second to be held at Paradise Resort.

The first, under a veneer of secrecy, was held at Bandos Island Resort and Spa in January at the same time as the US, Britian and Japan spearheaded a proposal to ‘bribe’ Taliban fighters to disarm.

State Minister for Defence, Mohamed Muiz Adnan, told Minivan News at the time that he was not aware of the group’s arrival until he “saw it in the newspaper”, and had no knowledge of the meeting.

The second event in May – held at Paradise – was more widely publicised, and filmed by television news network Al-Jazeera. It was organised by Almayoun Jarir, Hekmatyar’s son-in-law.

Image taken during May meeting at Paradise Island Resort and Spa.

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‘Did you know’ campaign aims to educate public on legal system

A UNDP-run campaign called ‘Access to Justice’ hopes to address a lack of public awareness into how the judicial system works – a critical problem for the development and promotion of human rights in the Maldives, according to the UN body.

The ‘Did you Know?’ campaign will be unrolled across Male’, Hulhumale’ and Vilingilli following a launch event at the Surf Point in Male’ on November 26, and will involve a team of young volunteers door-knocking around the capital and distributing brochures.

During the launch event, stalls will be set up for various institutions, such as parliament, the Attorney General’s Office, Prosecutor General’s Office, Employment Tribunal and independent commissions.

UNDP National Project Manager Naaz Aminath said the purpose of the campaign was to raise people’s awareness of the Maldives legal system and their rights under Chapter 2 of the Constitution.

“The awareness-raising campaign is a year long campaign that will be carried out across Maldives,” she explained, “and we don’t expect people to know everything in one year – this is just the beginning.”

The door-to-door campaign will involve knocking on every door in the capital, and eventually the country, to deliver a pamphlet in English and Dhivehi outlining the legal system, rights and institutions protecting them.

“When we go to houses, if people are willing The idea is to provide people with detailed information if they are willing when we go to the houses. Otherwise we will simply deliver the pamphlet and leave,” she said.

Acknowledging the dry subject matter, Naaz explained that the event would be accompanied by a lucky prize-draw, entertainment and a six-month SMS campaign to spark public interest in the topic.

Naaz noted that the campaign was necessary because although the Maldives was not a post-conflict country, “since independence 45 years ago it has never had a democracy or even separation of power.

“You cannot expect the public or even the government for that matter to know what democracy means or looks like,” she added.

A report by the International Commission of Jurists (ICJ) into the state of the Maldives judicial system has been drafted but not yet officially released.

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Government seeking US$200 million credit line from Sri Lanka

The Maldivian government hopes to finalise an agreement with Sri Lanka to establish a credit line worth US$200 million, President Mohamed Nasheed told press today prior to departing for Sri Lanka to attend the swearing-in ceremony of President Mahinda Rajapaksa.

As preliminary discussions for the credit line has been ongoing for some time, the President said that he hoped an agreement would be signed in the near future between the Maldives Monetary Authority (MMA) and the Sri Lankan Central Bank.

“Our aim is not really to use that money for anything,” he explained. “Our aim is to set up a mechanism for Sri Lankan currency to be available for purchase in the Maldives and for Maldivian currency to be available for purchase in Sri Lanka. To set up that mechanism, first of all a framework agreement has to be established. God willing, these discussions will reach a conclusion during this trip.”

He added that the government’s objective was to enable Maldivians to purchase Sri Lankan rupees with Maldivian rufiyaa for imports as well as making Maldivian rufiyaa available to Sri Lankans who wish to buy Maldivian goods.

The mechanism would improve the country’s balance of payments, broaden business opportunities and alleviate the high demand for US dollars in the country, he said.

While Sri Lankans would spend more on Maldivian products as a result of the agreement, local demand for US dollars would “decline significantly” when Maldivians are able to spend “their own currency in Sri Lanka”.

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Comment: How does Islamic Sharia go against human rights?

On the November 6, 2010, Minivan News published in its Comments and Opinion column an article titled “HRCM and Islamic Sharia,” written by supposedly feminist local writer, Aishath Aniya.

The article is mainly about Aniya’s objection to a suggestion by the HRCM President who said: “Human rights protection can be successfully achieved adhering to the principles of Islam.”

As such, Aniya has made two daring statements.

In the fourth paragraph, she writes: “For a moment, I could not understand what she [HRCM President] was trying to say. Her words suggested that HRCM – the highest authority to safeguard human rights in the country has joined the religious narrative that poses a clear threat to human rights, social justice and economic sustainability of the country.

And, in the fifth paragraph, she continues: “I am quite assured that if HRCM engages within the confines of Islamic Sharia, as it is understood now, we could be a long way from protecting and sustaining human rights in the Maldives.”

I read the article repeatedly. And what I noticed was that other than making a bold— and perhaps, emotional—statement, Aniya could not prove her point.

I also noticed that Aniya may have not done sufficient research. Because when I read the last sentence of the 14th paragraph, I was convinced that she apparently does not know the difference between Sunnah (saying and living habits of Prophet Muhammad (PBUH) and Ijthihad (the process of making a legal decision by independent interpretation of the legal sources, the Quran and the Sunnah).

I understand Aniya’s objection to the adherence of Islamic Shariah. But she has failed to explicitly say where and how Islamic Sharia actually goes against human rights, social justice and the economic sustainability of a modern society.

Aniya has extensively quoted Abdullahi Ahmed An-Na’im, Professor of Law at Emory University School of Law. But it was mainly about the origin of Islamic Sharia, its sources and the developments during the early days.

She has not discussed which Acts of Islamic Sharia are inconsistent with the norm of a modern society, and how.

The two primary sources of Islamic Sharia are the Quran and Sunnah, something Aniya also has acknowledged by quoting An-Na’im. Does she hold a view that the Quran and Prophet’s teaching goes against humanity?

If the objection is to the “traditional interpretation” of Quran and Sunnah— thereby calling for modern interpretation, then who is more appropriate for the task. Should we rely on the view of a single scholar or should we respect the consent of the majority of the scholars?

Aniya is certainly impressed with An-Na‘im work. John L. Esposito, Professor of Religion and International Affairs at Georgetown University has the following interesting comment on An-Na’im’s book, Islam and Secular State: “Although An-Na‘im wishes to present his views from within the Islamic tradition, he also states early on that his arguments are not exegetical in nature and therefore do not aim to interpret traditional Islamic sources such as Qur’an, hadith, tafsir, or legal theory (usul al-fiqh).”

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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No clash within Adhaalath Party over statement criticising ‘fake wedding’ regulations, says Shaheem

State Minister for Islamic Affairs and Adhaalath Party member Sheikh Mohamed Shaheem Ali Saeed has refuted reports in local media yesterday of a “clash” within the party, following a press statement it released on November 11.

In the statement, the party expressed concern about the government’s new regulations governing ‘symbolic’ wedding ceremonies, drawn up in the wake of the humiliation of a Swiss couple in Dhivehi by staff at Vilu Reef Resort and Spa.

Resorts deemed to break the aggressive new regulations can now be fined up to Rf one million (US$78,000), or even have their license to operate suspended under the Tourism Act.

Non-Muslims are unable to get married in the 100 percent Islamic Maldives, but many tourists pay for elaborate ‘renewal of vows’ ceremonies, often requesting a ‘Maldivian flavour’ to the proceedings. The infamous Vilu Reef ceremony reportedly cost US$1300, with an optional US$440 photograph service made available.

In its statement, the Adhaalath Party condemned the government for failing to consult with religious scholars before publishing the new regulations.

“Marriages are not performed in the Maldives as a cultural ceremony. Maldivians marry according to the rules and regulations of Shariah,” the statement said.

“This makes it impossible to see how a Maldivian wedding can be regarded as a cultural act. It is an important religious rite. It is the view of the Adhaalath party that the performance of symbolic traditional Maldivian wedding ceremonies, or the performance of a symbolic Muslim wedding ceremony between two non-Muslims, are both acts that belittle the sacred beliefs of Islam.”

The statement raised several specific concerns with the regulations: most significantly that under Article 10(b) of the Constitution, “no law can be made in the country that is in conflict with the tenets of Islam. No Maldivian citizen is under any obligation to recognise as legitimate any laws that do not follow those Constitutional stipulations.”

The regulations were, the Adhaalath Party claimed, “therefore void.”

Furthermore, in allowing foreigners to choose the language of the ceremony, the regulations “leave the door open for foreigners to travel to the Maldives and verbally abuse Maldivians in a foreign tongue that Maldivians do not understand.

“It should be noted that these regulations do not make it an offence for tourists to denigrate Maldivians and use filthy language against them,” the statement added.

Adhaalath also expressed concern that the regulations did not stipulate according to which religion the symbolic ceremony should be practiced, and that such regulations theoretically allowed such symbolic weddings to be performed between same sex couples, “a practice that has become common in the West.”

“Introducing regulations such as these that allow practices of other cultures and religions to occur in the Maldives, and to use legitimate legal mechanisms of the country to do so, is a way of legitimising such practices,” the Party’s statement read.

“It is a way of legalising un-Islamic activities to occur in the Maldives. Such acts, even if symbolic in nature, are unconstitutional. Because of the various such problems with this law, and because of the doors that they open, we wish to draw the attention of our beloved citizens to these regulations.”

The party also accused the government of failing to implement the recommendations of scholars in matters such as the attempted introduction of the sale of alcohol to foreigners on ‘inhabited’ islands, “trivialising” the subjects of Islam and Dhivehi by suggesting they be made optional at A-level,and victimising the Arab-Islamic system of education at Arabiyya school.”

Senior members of the government were, the party alleged, disregarding “and [treating] as of no value the advice and counsel of the [Islamic] Ministry on such issues.”

If the government continued on its current path, the party warned, “Adhaalath will have to reassess its alliance with MDP, the ruling party.”

No clash

Local newspaper Haveeru reported yesterday of a “clash” among the Adhaalath Party’s senior leadership over the statement, claiming that the party’s President Sheikh Hussein Rasheed Ahmed – also the State Minister of Home Affairs – had sought to distance himself from the statement.

Haveeru reported Scholars Council member Mohamed Didi, also one of the party’s founders, as saying that Sheikh Rasheed “could not dodge the statement on any grounds as he chaired the council meeting.”

“Sheikh Rasheed was chairing the meeting when members of the committee, which drafted the statement, were selected. The statement was made in reference to the issues noted at the meeting,” Didi reportedly told Haveeru.

Speaking to Minivan News yesterday, Sheikh Shaheem said that while he did not wish to comment on the statement itself, reports of “a clash” within the party over the matter were erroneous.

“There is no clash within the party – there is strong unity within the party. Just because there is a different opinion doesn’t mean there is fighting,” he said.

The Adhaalath Party was not taking any action against the government, he said, and had decided to request a meeting with President Mohamed Nasheed after the holidays to resolve the issues through discussion.

“Adhaalath was just giving a reminder to the government that things are going the wrong way. If the government resolves the problems then there’s no issue,” he said.

The concern was rather the government’s failure to discuss the new regulations with scholars, he explained.

“Islam is an important part of this country and you cannot boycott scholars,” he said. “There will be big challenges if [the government] boycotts the opinions of scholars.”

The Islamic Ministry was part of the government and had a role to provide advice and discuss such matters, Shaheem explained.

“The Maldives has been a Muslim country for 900 years, but this doesn’t mean we’re against other religions. We have [foreign] doctors, nurses, teachers – these people live with us here and enjoy our life[style]. But the Maldivian people want to keep their culture and respect for their religion. If the regulations are not in opposition against Islamic principles, we are not against them.”

Islam did not recognise civil marriages, Shaheem said: “We don’t do fake weddings, we do serious marriage.”

“If we want to [provide ceremonies] for guests the regulations must be good – [for instance] there are strong laws for alcohol, so only foreigners can buy it.”

He highlighted some specific concerns with the new regulations, which are technically now in effect after being published in the government’s gazette.

“If the ceremony is conducted in a language we don’t know, there is a possibility people will come and do what the [Vilu Reef staff] did, if it’s in a language we don’t have. The regulations should specify what languages should be used,” Shaheem suggested, adding that he was also concerned about the regulations theoretically allowing ceremonies to be performed between same-sex couples.

The Islamic Ministry, was, he said, part of the government and aimed to promote moderate Islam by preaching respect for other cultures and peoples in Friday sermons, and providing the government with suggestions on matters such as how the subject of Islam should be taught in schools.

“I recently spoke to some children in grade 11-12, and they had some very extreme ideas,” he said. “It is important to teach Islam properly, by teaching about terrorism and what [concepts] such as jihad really mean, and that innocents should not be killed. An understanding of extremism and human rights – these are things that can be taught in Islam. But when Islam is not taught or is made optional, [students] will go to other places, such as [extremist] websites.”

Problems with the regulations could be resolved through discussion, Shaheem said. “There are some legal and religious concerns among some scholars, but we are not against guests coming to our country.”

Translation of the Adhaalath Party’s statement. Original available on the party’s website (Dhivehi).

11 November 2010

“Tourism is the backbone of our economy, it is very important that we develop our tourism industry.

But, tourism should be developed in ways that are compatible with Islam. As a 100 percent exemplary Muslim state for the last nine hundred years, it is within Islamic thinking that Maldivian culture and traditions have been formed. This is made clear in the Constitution.

In the same manner matrimony in the country has too evolved within the principles of Islam. Marriages are not performed in the Maldives as a cultural ceremony. Maldivians marry according to the rules and regulations of Shariah. This makes it impossible to see how a Maldivian wedding can be regarded as a cultural act. It is an important religious rite.

It is the view of the Adhaalath party that the performance of symbolic traditional Maldivian wedding ceremonies, or the performance of a symbolic Muslim wedding ceremony between two non-Muslims, are both acts that belittle the sacred beliefs of Islam.

This is the case whether the service is provided as a means of appeasing tourists, or to financially exploit them.

Islam does not allow anyone to benefit from the improper exploitation of non-Muslims. The alternative is to allow foreigners to renew their marriage vows in the Maldives according to their own traditions and wants. Neither the Maldivian Constitution nor its culture permits the display of any other religion in the Maldives.

It has been decided by the Maldivian Fiqh Academy that the display of any other religion on Maldivian soil is unacceptable both in terms of law and in terms of spirit. We condemn the government for delaying the implementation of this edict by the Fiqh Academy and express concern that the government has failed to accept the ‘formal recommendations’ made by the Ministry of Islamic Affairs towards the government’s efforts to draft new regulations on symbolic wedding ceremonies in the Maldives.

The Adhaalath Party fully supports the recommendations by the Ministry of Islamic Affairs and their rationale. On behalf of all members of the Party and on behalf of its Advisory Committee, we would like to thank the Ministry for its limitless work in this regard.

The government has kicked the knowledge of scholars in the face, and failed to implement their recommendations. We call upon the government to immediately cease these activities that goad the beautiful culture of Islam and attempt to break the spirit of Islam.

Revealed below are the points of legal importance:

Article 271 of the Constitution states that any regulations that Maldivians need recognise as applying to them are regulations arising from a law approved by the Majlis. The regulations on symbolic wedding ceremonies refers to the Maldivian Tourism Act as its source and, having been published in the Government Gazette, are now legally binding.

Article 10(a) of the Maldivian Constitution states that Islam is the religion of the Maldivian state, and the source of its laws. Article 10(b) states that no law can be made in the country that is in conflict with the tenets of Islam. No Maldivian citizen is under any obligation to recognise as legitimate any laws that do not follow those Constitutional stipulations. The regulations are, therefore, void.

Law, as it is defined in Article 274 of the Constitution should be interpreted as: ‘Laws that have been passed by the Majlis and ratified by the President and regulations arising from such laws’.

Even though Article 43(a) of the Constitution does allow anybody resident in the Maldives to get married in the Maldives, Article 16(a) states that the right is dependent upon being compatible with the tenets of Islam. The regulations on symbolic wedding ceremonies is one that is aimed not at Maldivian but tourists. Even though the regulations stipulate that it is symbolic, the following issues can be noted when we contemplate the regulations from the perspective of law as well as that of the concept of marriage itself.

a) What a symbolic marriage ceremony is, and the degree of its legitimacy,

b) The regulations do not stipulate according to which religion the symbolic ceremony should take place.

Under the circumstances where there is no requirement that all tourists to the Maldives be Muslim, it is possible that some of these symbolic ceremonies could be conducted according to rituals of other religions. It also means that these regulations will allow such symbolic “wedding” ceremonies to be performed between same sex couples, a practice that has become common in the West.

c) Introducing regulations such as these that allow practices of other cultures and religions to occur in the Maldives, and to use legitimate legal mechanisms of the country to do so, is a way of legitmising such practices. It is a way of legalising un-Islamic activities to occur in the Maldives. Such acts, even if symbolic in nature, are unconstitutional.

d) The legitimacy of the person officiating at the ceremony is dubious. Right now, these ceremonies are conducted by Maldivian staff members at resorts. What are the legal or religious powers, it can be asked, of the registrar who performs these marriages, symbolic marriages or renewal of vows for non-Muslims. The question also arises of under what policy the management of a resort would certify the validity of the wedding vows that were so renewed or a wedding so conducted.

e) Article 5 (a) of the regulation says that the ceremony should be conducted in the language requested by the couple wishing to have the ceremony in the Maldives. This opens the door for ceremonies such as this to be conducted in a language other than Dhivehi, and for representatives of other religions such as priests to travel to the Maldives to conduct such ceremonies. Furthermore, it leaves the door open for foreigners to travel to the Maldives and verbally abuse Maldivians in a foreign tongue that Maldivians do not understand. That is, in fact, some have suggested, the reason why such a regulations was needed. It should be noted that these regulations do not make it an offence for tourists to denigrate Maldivians and use filthy language against them.

f) Article 7(a) of the regulations, which says that the ceremony can be conducted by someone other than a Maldivian, means there is a chance a priest may travel [to the Maldives]. As mentioned before, the representation of any other religion in the Maldives is a crime.

Because of the various such problems with this law, and because of the doors that they open, we wish to draw the attention of our beloved citizens to these regulations.

The Adhaalath Party is extremely concerned about the regular and continuous manner in which the Islamic personality of the Maldives is being confronted. The attempt to sell alcohol on inhabited island by using similar regulations, attempts to trivialise the subjects of Islam and Dhivehi in the school curriculum by trying to make them optional modules and victimising the Arab-Islamic system of education at Arabiyyaa are among such activities that can be noted here.

Adhaalath participated in the spirit of ‘the Maldives that the nation wants’ and decided to be a part of the government on the guarantee that religious affairs of the country will be conducted according to the advice of religious experts. However, it is with deep concern that we state today, the government has failed to seek the advice of the religious affairs ministry in various major issues regarding Islam.

We wish to note, also, that it is a matter of great concern and seriousness for Adhaalath that some members of the current government have chosen to disregard and treat as of no value the advice and counsel of the Ministry in such issues.

It is very clear what happened on the issue of the regulations governing religious unity. If these matters continue without change, Adhaalath will have to reassess is alliance with MDP, the ruling party.

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Comment: Extremism threatens our economy

We’ve heard in recent news government officials referring to rising fear of Islamic extremism in the Maldives.

We’ve heard about children not being vaccinated or not being sent to school in the name of religion; women being provided with a single bucket of water for the day, again in the respect of religious norms; children being restricted from music and other types of art; male children being forced to wear trousers shin high; schools threatened for asking male children to shave their beards; the classifying of many immaterial matters outright haraam such as smoking, watching movies or cartoons (Tom & Jerry, Mickey Mouse), singing, playing or listening to music, women travelling of women without a husband or family member, the showing of hair or wearing of perfume by women; or news and blogs promoting genital mutilation of females.

Another serious threat is the increased preaching of hatred against the west. The west (the majority of whom are understood to be Christians or Jews) is portrayed as the singular prime threat to the religious stability of the country.

This is a paramount danger to our economy given our dependence on foreign money. We should keep in mind that an act such as the one that happened at Sultans Park a few years ago could cripple our economy, slashing our foreign income.

Currently, the government is committing the Maldives to large contracts with foreign nations, with majority populations of Christians, Jews, Hindus, Buddhists and others. The Maldives is not self-sufficient and therefore we are at the mercy of other nations who are willing to ally with us and help us bear fruit. We cannot afford to live on the annual ration of a few tonnes of Saudi dates.

During recent years, many industries and public services are being capitalised on foreign investments. At such a time, how can we even allow the thought to draw a religious boundary around ourselves? We have been selling liquor and allowing illicit sex on all our resorts for almost 40 years because we cannot let religious boundaries starve us to death.

Our main politico-religious party is Adaalath Party, who also has its presence in the government sphere, ruling the Ministry of Islamic Affairs. They are assigned the responsibility of upholding the religion of the country – Islam – with a reported US$16 million budget.

Adaalath recently held one of their statutory meetings at a prominent public space (Alimas Stage). The whole meeting was aired live on Maldives National Broadcasting Corporation’s TV channel, MNBC one. The station is well known for its pro-government programming.

I was watching intently one of the speeches of this meeting. I found it really distasteful and offensive, to hear one of the famous preachers in the country, Sheikh Ilyas, known for being arrogant and blunt about religious statements.

He was saying that Muslims should not trust Christians or Jews in any way for they are not reliable on their word. He went on to say that any agreement made by them would never be kept. He mocked human rights and women’s rights as tools used to evade Islamic prudence. Every now and then he raised a copy of Quran above his head and said that he was presenting the word of God.

It is hard to imagine why the government, on one hand, is acknowledging the spreading extremism in the country, while at the same time is assigning public funds for the spreading of such extreme and radical ideologies.

The reason is that it is constitutional for the government to uphold and strengthen Islam as the religion of the country. And the government fulfils this part very smoothly: sets up a specific Ministry (the first religious ministry of the country), puts the leading religious political group in charge, and assigns a significant chunk of budget for their purpose.

Here is something the Ministry of Islamic Affairs published on their website (in local language), followed by a translation (by a blogger) during the Haiti disaster:

“Are there any Muslims in Haiti? Do we have to gain wisdom from this [disaster]? Haiti is a caribbean island nation, located not far from America. A certain number of Muslims live there. It is reported that they are not good people. There is no doubt about this; such earth quakes are moral lessons for everyone. Such [disasters] are caused by God because of the actions of mankind.”

Now, the public is at a loss for words. Those who are assigned the responsibility of upholding and strengthening Islam in the country, are advocating against the government’s policies and also promoting extremism. They are outright in saying that no deals should be made with infidels (such as Christians or Jews, who are not trustworthy as per God). They mock human rights and women’s rights in public.

It doesn’t take one to wonder, why this could happen? Why is the government apologetic about growing extremism but still allowing such things to preached in the public? Is our government crippled from doing anything about this?

Firstly, the Islamic Ministry was a promise the ruling party made during the elections. Protecting Islam was one of the major five promises of the ‘Other Maldives’ campaign. Since Adaalath sided with the MDP during the coalition to overthrow Gayoom’s dictatorship, MDP duly handed the reigns of the ministry to Adaalath. On top of this, our constitution demands our government promote and strengthen Islam. As such the government is carrying out their constitutional responsibilities.

Our constitution also says that Sharia is based on the Quran and those findings, judgments and rulings concurred by the majority of religious scholars. When the majority of the leading scholars of the country concur on hatred against Christians, Jews and other infidels, backed up by our Constitution, what should the government do instead of sleeping with the enemy? I think the government should change their partner, before its too late.

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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Quran teacher arrested inside room with 13 year old girl

A Quran teacher on Filladhoo in Haa Alifu Atoll has been arrested after he was discovered inside a room with a 13 year old girl.

Police Sub-Inspector Ahmed Shiyam confirmed that the teacher was arrested on Monday night and was in police custody.

A Filladhoo islander told Minivan News that the teacher was a temporary Islam and Quran teacher who had been working at Filladhoo school for two months.

‘’He is 19 years old and the 13 year-old girl was his girlfriend,’’ the islander alleged. “They were inside a room in the girl’s grandmother’s house when the police arrested him.’’

The islander claimed the girl’s parents were aware of their relationship and noted that such things were “quite common on the island.’’

The teacher had been reported to police by some boys on the island who had a grudge against him, the islander claimed.

A total of 198 arrests were made for child abuse cases from the beginning of the year to the end of September 2010.

The crime of child abuse is most common in Male’. More than 16 percent of girls in Male’ under the age of fifteen are sexually abused, four percent higher than the national average.

The national average stands at 12 percent – of every 100 Maldivian girls under the age of fifteen, twelve are sexually abused. Most perpetrators of the crime, according to a 2007 Gender Ministry report on women’s health and well-being, are male family members of the children.

The second most common perpetrators are male acquaintances of the family, neighbours, teachers or religious leaders.

Three men from Filladhoo were arrested recently for allegedly using spy cameras to filming videos young girls showering.

According to the islander, the three men admitted they committed the crime but have since been released by the court.

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