Category: Society & Culture

Comment: Human Rights Day 2012 marks exclusion and imposition of government by force

As we look back on this week’s celebration of Human Rights Day 2012, it is important to recall what, beyond the pageantry and back-slapping, this day really stands for.

During the 30-year long dictatorship of President Gayoom, those of us who longed for a fair, just and democratic Maldives would mark Human Rights Day by wearing secretly-printed t-shirts to mark the occasion – printed in stealth, worn in stealth. We took this risk (open advocacy of human rights and political reform was liable to end with a jail-term) because Human Rights Day was, we believed, important – a moment to remember that the outside world stood steadfastly behind our hopes for a better future.

It is therefore difficult, in 2012, not to feel a sense of disappointment – even shame – at what Human Rights Day has become, at least for Maldivians.

Human Rights Day 2012 goes under the banner of “inclusion and the right to participate in public life”.

Over recent days we have heard the UN Resident Coordinator encourage people to play an active role in public life and to hold public servants accountable (no word, however, about securing accountability for the systematic human rights violations that have occurred since February). We have heard the Human Rights Commission of the Maldives warn us that enjoying human rights should not be taken as an excuse to break the law (an unusual message for a national human rights institution to focus on – but not entirely a surprise). We have heard the Commonwealth Secretary-General remind the government (more in hope than expectation) that those responsible for gross human rights violations following February’s coup – mainly police officers guilty of beatings and torture – must be held accountable.

And yet, these platitudes come against a background wherein, in 2012, the majority of Maldivians who voted in 2008/9 have been disenfranchised; wherein those of us who want a new election in order to reassert our fundamental right to choose our government are being routinely beaten, arrested and tortured, wherein members of parliament who have sought to protest against the death of our democracy are being hounded, threatened and chastised as infidels; wherein the presidential candidate of the Maldives’ largest party is being manoeuvred into prison by the ancient regime; wherein the man who stands accused of torturing many over his 30 years of dictatorship announces he is likely to be a presidential candidate, again, and wherein our corrupt and immoral judiciary is openly attacking parliamentary prerogative and the constitutional separation of powers in order to protect those guilty of sexual harassment, and to protect the government from democratic scrutiny.

How is it possible that the UN, the HRCM, and our friends in the international community can let this year’s Human Rights Day pass without any mention of the dismantling of our democratic rights; without any suggestion that in 2012 we have lost, for the foreseeable future, our right to participate in public life and to determine, freely, our government; and without any meaningful call for those who have had their rights violated in 2012 to receive justice and redress?

For those of us who weep for the lost promise of our young democracy; for those of us who flinch at every new injustice heaped upon us; for those of us who wish our former friends in the international community would stand-up for the rights and principles that they purport to uphold; Human Rights Day 2012 will be remembered as nothing more than an empty shell.

Not even worthy of a hidden t-shirt.

Eva Abdulla is an MP in the opposition Maldivian Democratic Party (MDP).

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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Juvenile Court acquits two suspects arrested over Ahusan Basheer murder

The Juvenile Court has today ruled that two minors charged in connection with the murder of 21-year-old Ahusan Basheer are innocent, claiming the state had failed to produce enough evidence to prove their guilt.

A Juvenile Court Spokesperson today told Minivan News that the state produced five witnesses to the court against the accused.

‘’The five of them said they were not sure if the two minors accused were there at the scene of the incident,’’ the spokesperson said.  According to the Juvenile Court, the two minors presented were identified as a male and a female, though further identification could not be given for legal reasons.

‘’The state attorney told the Juvenile Court that the statement made by the witnesses conflicted with the statement they had previously gave to the police,’’ the Juvenile Court spokesperson said.  The court added that no other forensic or digital evidence had been produced by the prosecution.

Ahusan Basheer was stabbed to death on March 17 near his house. Police at the time identified Ibrahim Shahum and Ibrahim Shimaz as the main suspects in its investigation.

Their cases are proceeding in the Criminal Court, which has yet to reach a verdict.

Other attacks

Prior to the attack on Basheer, another 21-year-old male called Abdul Muheeth was also killed in Male’ after being stabbed on February 19.

In addition to these murders, a 16-year-old boy named Mohamed Arham was also found dead with multiple stab wounds on May 30, while controversial blogger and journalist Hilath Rasheed made a miraculous recovery from an attack in which his throat was slit by as yet unidentified assailants.

This year alone, several more victims – including expatriates – have been brutally injured or killed in what are suspected to have been gang-related attacks.

The spate of stabbings and murders have provoked pressures from the public to impose stricter punishments to the perpetrators. Families of the victims have both in court and through public platforms called for justice and the death penalty to be implemented to curb the increasing gang violence.

Though the Islamic Sharia and the penal code states death penalty as a punishment, it has not been executed for decades. Death penalty sentences are traditionally changed to life imprisonment at behest of the president.

The government has meanwhile said it will not hesitate to implement death sentences if the parliament approves it.

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‘Hihvaru’ survivors arrive in Addu City

A Maldives National Defence Force (MNDF) search team yesterday returned to the Maldives with the eight survivors found aboard the boat ‘Hihvaru’, which was lost and later capsized while travelling to Huvadhu Atoll from Male’.  The vessel originally departed with nine men and a child aboard.

However, authorities confirmed Tuesday (December 10) that a foreign national and a 76 year-old male from Rathafandhoo in Gaafu Dhaalu Atoll had died before they could be located by the rescue team.

According to the MNDF, the eight survivors were brought to Addu City and immediately admitted to Hithadhoo Regional Hospital for treatment after arriving yesterday (December 11) at 8:00pm.

The right survivors were said by the MNDF to be in good health upon their arrival in Addu City, with no one critically injured.

Robbery allegations

Local newspaper Sun Online today reported allegations made by the captain of the ‘Hihvaru’ boat that he and his passengers had been robbed of money by the crew of the Sri lankan vessel who first discovered them.

The crew of the Sri Lankan fishing boat were accused of robbing US$120 from the passengers on ‘Hihvaru’, according to ‘Sun’.

According to the MNDF website, the ‘Hihvaru’ set sail from Male’ on November 28 at 7:00pm, heading towards Huvadhu Atoll with 10 passengers aboard, including an 11 year-old boy. The boat was also loaded with goods to be taken to Huvadhu Atoll.  The defence force has confirmed that two of the 10 passengers were Bangladeshi nationals.

The coastguard had begun searching for the vessel with assistance from the Indian government on November 29 after the boat was first declared missing.

The MNDF has said in a statement that a Sri Lankan boat had discovered the eight men hanging from the capsized vessel 290 miles off the island of Dhaandhoo in Gaa Alifu Atoll.

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“Pathetic state of judiciary”, religious intolerance Maldives’ major human rights failures: Dr Shaheed

Former Foreign Minister and UN Special Rapporteur on Human Rights in Iran Dr Ahmed Shaheed has welcomed the Maldives’ selection as a Vice President of the UN’s Human Rights Council for 2013, stating that the nomination can help strengthen society against domestic abuses.

Speaking to Minivan News by e-mail today, Dr Shaheed said significant human rights concerns remained in the Maldives, including the “pathetic state of the judiciary”, lack of an educational focus on rights, and little scope for “informed discussion” on religious freedom.

However, Dr Shaheed added that the Maldives’ election to the council reflected the strong reputation of its diplomats over the last six years in “championing” human rights causes, even despite developments such as February’s controversial transfer of power that saw a new government installed following a police and military mutiny.

“If you look at the Maldives’ voting record in Geneva and in the Third Committee in New York, it is as if there has been no change in the government in Male’. The Maldives still supports country-specific mandates, country-specific resolutions, and progressive positions in human rights debates, including on issues of defamation of religion,” he said.

“The Maldives will continue to get challenged in places like the Human Rights Committee but in the political councils of the world, the spokespersons for the Maldives continue to be professional diplomats, and they are doing a good job to limit the influence of radical Islamists on foreign policy.”

News of the Maldives’ election to the Human Rights Council was broken yesterday by the Reuters news agency, which noted that the country had the same day been criticised for its stance on banning religious freedom in a report compiled by the International Humanist and Ethical Union (IHEU) NGO.

The IHEU, which describes itself as an “umbrella organisation embracing Humanist, atheist, rationalist, secularist” organisations around the world, yesterday published its report, ‘Freedom of Thought 2012’ , which details international examples of discrimination against non-religious people.

The report, which was welcomed by UN Special Investigator on Freedom of Religion and Belief Heiner Bielefeldt, concluded that the Maldives did not prohibit discrimination on a religious basis, while also making practising Sunni Islam compulsory for Maldivian citizens wishing to vote or stand for office.

Pointing to prominent cases of discrimination, the IHEU highlighted the case of 37 year-old Mohamed Nazim, who in 2010 faced public calls for his execution after standing in front of a crowd of 11,000 people in Male’ and declaring himself “Maldivian and not a Muslim”.

After two days of religious counselling in police custody, Nazim repented before television cameras at an Islamic Ministry press conference and gave Shahada – the Muslim testimony of belief.

The report also highlighted the case of 25 year-old air traffic controller Ismail Mohamed Didi, who was found hanged from the control tower of Male’ International Airport in an apparent suicide.  He had previously sought asylum in the UK for fear of persecution over his stated lack of religious belief.

“Ismail Mohamed Didi faced the same choice as Mohamed Nazim: believe or die. He chose death,” the IHEU stated.

Speaking to Minivan News, IHEU Communications Officer Bob Churchill said the NGO did have some concerns over the Maldives’ election to the Human Rights Council considering its attitudes to non-Muslims and non religious peoples.

However,  Churchill added that the Maldives was not the first country to hold such a position in the UN council while also having questions over its own work on human rights abuses.

The IHEU added that the report has been put together in order to stand as a reference for alleged abuses of non-religious peoples on countries all over the world.

Churchill suggested that the high-profile focus may help “shine a light” on wider abuses occurring in the country and allowing for some form of redress.

However, in the case of the Maldives, where the country’s religious ideals are enshrined in its constitution, Churchill accepted that effecting any sort of change would be much harder.

“However, just because an issue is a sovereign matter and has a vocal majority it does not mean that people are not suffering,” he said. “People at present are having to hide their beliefs for fear of oppression.”

“Good reputation”

Despite the concerns of the IHEU, Dr Shaheed said he was optimistic about the Maldives’ new role on the council.

“The Maldives [UN] delegation still enjoys a good reputation in Geneva and is still playing a very constructive role. I believe the position would militate in favour of improving the domestic human rights situation,” he said. “I would like to congratulate Ambassador Iruthisham [Adam] and her team for this fine achievement.”

Addressing the issue of freedom of religion in the Maldives, which he stressed was a fundamental human right, Dr Shaheed said that any nation choosing to impose any particular faith on its people or discriminate along the same lines would face “stiff international opposition”.

“A number of NGOs have been raising the issue of religious intolerance in the Maldives, and the notion of sovereignty does not trump human rights obligations. There is indeed scope for informed discussion in the Maldives on religious freedom,” he said.

“Perhaps a good place to start would be to lift the ban on the book co-authored by Dr Hassan Saeed – the current Special Advisor to President Waheed – which argues that there is no apostasy in Islam. This is a position that is upheld by a growing number of reputable scholars in the Islamic world and elsewhere.”

“Biggest breakthroughs”

Beyond the issue of religion, Dr Shaheed claimed that the Maldives had over the last decade pressed ahead with a number of significant developments in bringing the country in line with human rights regulations.

“The biggest breakthroughs, in my view, were the ratification of the core international human rights treaties, and the establishment of an independent human rights commission, as well as freedom of the press, and the separation of powers,” he said, but emphasised that there remained room for improvement.

“The major failures include the pathetic state of the judiciary, which is not only corrupt, but also coming under the influence of radical Islam, even to the extent of violating codified laws of the Maldives and clear international obligations,” Dr Shaheed added.

“Disregard for rule of law has also meant that a culture of impunity is deeply entrenched, rendering many of the human rights of the people meaningless. It is also very disappointing that respect for human rights has not been made mainstream in our education system, because human rights safeguards are not only about litigation and legislation, but also about ideas and values, which are formed and transmitted through the education system.”

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HRCM Deputy Tholal expresses shock at attitudes towards gender discrimination

Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal has spoken on the challenges presently facing women in Maldivian society, expressing shock at the attitudes of some – including senior policy makers – to gender discrimination.

Tholal’s comments were made as the Gender Advocacy Working Group on Monday (December 10) held a special event to celebrate the conclusion of 16 days of activities promoting calls for an end of violence against women.

The HRCM Deputy pledged during his speech that the commission would resolve to work ceaselessly in trying to bring an end to gender-based violence across the country.

“At HRCM, we often hold related workshops. We often have activities to assess perceptions of gender roles by the participants. The perspectives on women held by some senior policy making level individuals are often views that leave us, as men, completely ashamed,” he said.

“Being a man myself, I myself am shocked and ashamed by the justifications these people present as reasons why men and women cannot work at the same levels, or hold equal posts. This is why we need to keep on working on this cause.”

Tholal further continued, “Some would say that the constitution and supporting laws do not differentiate based on gender. My question is, is this honestly the case when it comes to actual practices?”

He added that as long as these prejudices were common, and women were subjected to discrimination and violence, he was reluctant to accept that Maldivians lived in a “modern and civilised society”.

16 day focus

As part of  calls for an end to violence against women, the Gender Advocacy Working Group this year carried out awareness activities from the November 25 to December 10 – a date chosen to coincide with International Human Rights Day.  These awareness activities were held with the cooperation of the United Nations Population Fund (UNFPA), as well as a number of other local NGOs, government offices and youth volunteers.

The objective of the campaign was to call for an end of violence against women in the country, while also pressuring the government to expedite arrangements for providing services to the victims of domestic violence.

The advocacy group pointed to records showing an estimated one in three women in the Maldives have been victims of domestic violence during their lives, calling on government to ensure that the Family Protection Authority was provided with a sufficient budget to implement the Act Against Domestic Violence and complete the actions detailed in it.

“One of the main steps that need to be taken to end violence against women is to accept that such acts do occur in our society and to honestly want to bring an end to it, it is therefore necessary for the community to share the same viewpoint on such matters if inhuman acts like these are to be eradicated,” the Gender Advocacy Working Group claimed in a statement.

The group organised a number of activities in Male’, Hulhumale’ and Villimale’ to raise awareness of the issue over the 16 days. These included the relatively new concept of forum theatre performances on the street, which encouraged onlookers to join in and be a part of the act.

In addition to these performances, 16 ambassadors of the campaign were honoured. A theatre performance by youth volunteers showed a number of related problems that were faced in the local society, and prompted suggestions for solutions from the audience.

The campaign has also pledged to help victims of domestic violence by planning to set up safe houses, provide free legal counsel and establish a helpline for support.

The group has also called for the inclusion of issues of gender-based violence and gender equality in the school curriculum and to increase participation of women in the law implementation bodies of the state.

Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal has spoken on the many challenges presently facing women in Maldivian society, expressing shock at the attitudes of some- including senior policy makers – in regards to gender discrimination.
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Police send names of two suspects in Afrasheem murder case to PG’s Office

The Maldives Police Service has this week sent the case of two suspects arrested over the murder of Progressive Party of Maldives (PPM) MP and Religious Scholar Dr Afrasheem Ali to the Prosecutor General’s (PG’s) Office.

According to Police Commissioner Abdulla Riyaz’s twitter feed, files on the two suspects were sent to the PG’s Office yesterday.

The two suspects were later identified by the police as Hussain Humam Ahmed of Henveiru Lobby and Ali Shan of Henveiru Hicost.

Just last week, a Maldives National Defence Force (MNDF) officer was also reported to have been arrested in connection with the Afrasheem investigation.  However, the police and MNDF have yet to officially confirm the reports.

The Maldives Police Service has said that current policy when providing information regarding the investigation of Dr Afrasheem was to withhold all details from media until  official press conferences on the case were held.

At the last conference held on December 4, Commissioner Riyaz said that the murder of  Dr Afrasheem was well-planned, insisting the attack was politically motivated and funded.

Riyaz alleged that assassins were thought to have been offered MVR 4 million (US$260,000) for the attack.

In a presentation at the time, the police commissioner claimed that 11 suspects had been arrested in connection to the case so far – although three were later released.

He said that 200 items had been collected by police for use as forensic and digital evidence.

“Over 500 hours of CCTV footage have been analysed, more than 100 people have been interviewed and about 13,000 phone call recordings have been analysed out of which 12,000 were from one single tower,” Riyaz claimed at the time.

Afrasheem was killed on October 1. His wife discovered his body lying on the staircase of their home.

Dr Afrasheem was elected to parliament in 2009 as a member of the then-opposition Dhivehi Rayithunge Party (DRP). Following a split within the former opposition party, Afrasheem sided with the Progressive Party of the Maldives (PPM), which was established by former President Maumoon Abdul Gayoom.

Widely considered in the country an Islamic moderate, Dr Afrasheem took outspoken and controversial positions on issues such as the permissibility of playing music, and praying next to the deceased.

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Public must question government and Majlis representatives: UN resident coordinator

UN Resident Coordinator for the Maldives Andrew Cox has called on the public to be better informed of issues facing their communities, while listening “to different voices and views”, questioning elected representatives and making their voice “count” in a statement issued to mark Human Rights Day.

According to the UN, this year’s Human Rights Day is focused mainly on the Universal Declaration of Human Rights, which is said to outline provisions on freedoms of association, expression and opinion, as well allowing for participation within government either individually or through an elected representative.

Cox’s statement emphasised that millions of people worldwide had exercised these freedoms by taking to the streets, not just in trying to express their thoughts and aspirations, but to make sure their voice counted.

“Human rights are claims and expectations of every man, woman and child that their governments not interfere in some kinds of activities (respect); safeguard them from abuse (protect); and provide basic conditions to enable everyone to achieve their greatest potential (fulfill),” he stated.

Taking the Maldives as an example, Cox stated that like many democratic countries worldwide, it was vital that everyone was allowed to have a voice without exception – including women, persons with disabilities, children, and other vulnerable groups and marginalised communities.

“Every Maldivian has the right to have their voice heard and to have a role in making decisions that shape their local communities, as well as shape the Maldives into the kind of country they want to live in,” he said.

“As we approach an important election year in this country’s fragile path of democratic progress and development, I hope all Maldivians will make your voices count on the issues facing the well-being of your communities, especially women. Not realizing the full potential of women in public life is simply a loss that the country cannot afford at this critical stage.”

Cox also called on the public to better inform themselves of key issues affecting their lives and communities, as well as listening to differing opinions in order to be better able to held elected representatives on both sides of the country’s political divide to account.

“It’s your right,” he concluded.

Acting Minister of Gender, Family and Human Rights Dr Mariyam Shakeela, who also serves as Minister of Energy and Environment, was unavailable for comment when contacted by Minivan News today.

Her predecessor, Dhiyana Saeed, was sacked last month, shortly after her husband, MP Abdulla Jabir challenged the legitimacy of President Mohamed Waheed Hassan’s government, alleging the country was being run as a police state.

Saeed had previously alleged that the arrest of Jabir on an island along with senior figures from the opposition Maldivian Democratic Party (MDP) over alleged possession of drugs and alcohol had been “politically motivated”.

MDP criticism

Last month, the UN in the Maldives came under strong criticism from the opposition Maldivian Democratic Party (MDP), which claimed the local office of the NGO had remained “shamefully silent” over alleged human rights abuses flagged by other organisations.

“While the IPU, CMAG, Canada, the Human Rights Committee, the EU and certain international NGOs such as Amnesty International and the International Federation for Human Rights have expressed varying degrees of alarm at the Maldives’ backsliding on democracy and human rights, others including the UN Resident Coordinator and the Office of the High Commissioner for Human Rights have remained shamefully silent,” MDP spokesperson Hamid Abdul Ghafoor claimed at the time. “To remain silent in the face of injustice is to be an accomplice to that injustice.”

The Office of the UN Resident Coordinator later responded to the MDP’s allegations by defending its activity in the Maldives and reiterating its “strict impartiality toward political parties”.

“As a trusted partner, the UN has spoken repeatedly in public and in private over the course of several years and three governments on democracy, development, and human rights. Most recently, the secretary-general spoke of the need for political dialogue, national reconciliation, and respect for the constitution. He called on all parties to exercise maximum cooperation and restraint,” the NGO stated.

Back in July 2012, a Maldivian government delegation sought to defend the Maldives’ human rights record and commitment to the International Covenant on Civil and Political Rights (ICCPR) before the UN Human Rights Committee (UNHRC).

The delegation was questioned on a number of specific issues relating to alleged torture of prisoners, the use of judicial flogging as a punishment, freedom of religion – which is outlawed in the country – the death penalty and the conduct of the nation’s judiciary.

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MNDF retrieves eight survivors of capsized ‘Hihvaru’ boat, confirms two dead

The Maldives coastguard has this evening located a Sri Lankan vessel that picked up eight survivors lost at sea in Maldivian waters after their boat had capsized.  Authorities have also confirmed that two other passengers travelling on the capsized ship have died.

Maldives National Defence Force (MNDF) Spokesperson Major Abdul Raheem confirmed to Minivan News this evening that eight survivors who had been on the capsized boat, known as ‘Hihvaru’, were found safely aboard a Sri Lankan fishing vessel located 370 miles off Gaafu Dhaalu Atoll.

According to a statement on the MNDF’s website, one of the passengers confirmed to have died is a Maldivian national identified as Hassan Futha, a 76 year-old male from Rathafandhoo in Gaafu Dhaalu Atoll.

The MNDF has not identified the name of the other passenger, confirming only that the deceased was an expatriate and that eight other missing people from the ‘Hihvaru’ have been found and rescued by the Sri Lankan fishing boat.

According to the MNDF website, the ‘Hihvaru’ set sail from Male’ on November 28 at 7:00pm and was heading towards Huvadhu Atoll with 10 passengers aboard, including an 11 year-old boy. The boat was also loaded with goods to be taken to Huvadhu Atoll.

The MNDF said that two of the 10 passengers aboard were Bangladeshi nationals.  The coastguard had begun searching for the vessel on November 29 after it was first declared missing and was assisted by the Indian government.

Authorities confirmed in a statement yesterday that the Sri Lankan fishing boat had discovered the eight men hanging from the capsized boat 290 miles off the island of Dhaandhoo in Gaa Alifu Atoll.

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President Waheed hosts “humanitarian leader” Sri Sri Ravi Shankar in Male’

Additional reporting by Neil Merrett.

President Dr Mohamed Waheed Hassan has hosted a special dinner in Male’ to honour Sri Sri Ravi Shankar, a renowned Indian national who is described on his official website “as a humanitarian leader, a spiritual leader and ambassador of peace”.

At an official dinner held Saturday evening, Waheed presented a plaque to Shankar in appreciation of his humanitarian work, although he is not thought to have conducted any activities in the country to date.

The government has informed local media that during the function, Waheed praised Shankar for advocating peace, noting the high importance at present for the people of the Maldives to also work in the spirit of unity and peace.

Speaking to Minivan News today, President’s Office Media Secretary Masood Imad said he had received no information whether Shankar would be conducting any projects in the Maldives.

“I know his organisation has some experience working in the areas of drug rehabilitation and social work,” he said, adding that the Gender Ministry would ultimately be responsible for any projects conducted in these areas should they go ahead.

Under Maldivian law, it is illegal for Maldivians to practice any faith other than Sunni Islam in the country.  The public preaching of other faiths is also outlawed.

However, addressing Sri Sri Ravi Shankar’s claims of being a spiritual leader, Masood said that any attempts to make the visit a religious matter would be blowing the situation “out of proportion”.

“He has visited over 154 countries including Iraq and Egypt. There is a potential to let [Shankar] go back and talk about the Maldives in a nice way. That would be good for us,” he said.

Masood added that with Shankar having a strong number of supporters, which includes film makers, there was also a chance that high profile productions could be shot in the Maldives, promoting the destination further around the world and creating strong publicity for the country.

“Personally I have no problem with him being here. He is a social worker. It all depends on how you view him,” he added.

Local media has meanwhile reported (Dhivehi) that the President of the religious Adhaalath Party, Sheikh Imran Abdulla, had said that President Waheed’s meeting with Shankar should not be seen as a problematic issue.

“A person meeting with another person is never a problem. It is what is said or done in these meetings that could become a problem,” Sheikh Imran said.

He added that efforts were currently being undertaken to find out the exact nature of discussions during the meeting between Dr Waheed and Shankar, as well as the justification in the president deciding to meet a man “who is aiming to spread Hinduism”.

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