The UN Office of the High Commissioner for Human Rights has expressed concern over violent protests and use of “excessive force” against demonstrators.
At a press briefing on Tuesday, Spokesperson for High Commissioner Navi Pillay, Rupert Colville, observed that “instances of apparent brutality have been captured on camera. These include the seemingly deliberate and uncalled-for use of some kind of spray on former President [Mohamed] Nasheed, and the driving of police vehicles at high speed into crowds of protesters.”
“Such actions deserve immediate investigation, and firm action should be taken by the authorities against those responsible for excessive use of force,” stated Colville. “We appeal to all parties to refrain from violence and create conditions for political dialogue and reconciliation.”
Police initially denied pepper-spraying former President Nasheed during a rally on July 14.
“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement.
However a video released of the incident showed a riot police officer reaching over a crowd of people surrounding Nasheed and spraying him in the face. Nasheed turns away as the spray hits him, and is taken away by his supporters, but later returned to the protest.
President’s Office Spokesperson Abbas Adil Riza said the government had no comment on the matter as it was under investigation, “and in due course the Human Rights Minister [Dhiyana Saeed] will address the concerns.”
The UN Office for Human Rights also noted the criminal charges that had been brought against Nasheed concerning his detention of Chief Criminal Court Judge Abdulla Mohamed during his final days in office.
“We… stress that any such matters must be handled with full respect to the due process rights and fair trial safeguards guaranteed by the Maldives’ Constitution and international human rights treaty obligations,” Colville stated.
In a statement, the Maldivian Democratic Party (MDP) criticised the charges as “politically-motivated, and designed to remove the current regime’s political opponents from the public sphere.”
“International bodies including the UN Human Rights Committee and the International Committee of Jurists have also voiced serious doubts as to the independence and impartiality of the judiciary; showing that it will be impossible to conduct a fair trial,” the party said.
During the Maldives’ defence of its human rights record before the UN Human Rights Committee earlier this week, a panel member noted the “troubling role of the judiciary at the center” of the controversial transfer of power on February 7.
“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” he observed.
In a preliminary statement following the Maldives’ appearance, the Committee said it was “deeply concerned” about the state of the judiciary.
The State has admitted that this body’s independence is seriously compromised. The Committee has said the judiciary is desperately in need of more serious training, and higher standards of qualification. As 6 of 7 Supreme Court judges are experts in Sharia law and nothing more, this court in particular is in need of radical readjustment. This must be done to guarantee just trials, and fair judgments for the people of Maldives,” the Committee stated.
Brigadier General Ibrahim Mohamed Didi of the Maldives National Defence Force (MNDF) submitted his resignation yesterday, a day after the Prosecutor General (PG) announced his intention to press charges against the decorated general over the military’s detention of Judge Abdulla Mohamed.
His resignation was followed today by Maldives Ambassador to the EU, Ali Hussain Didi ‘Alidi’.
Meanwhile a statement by the MNDF yesterday confirmed that Didi, who was serving as the MNDF southern area commander, requested retirement or honourable discharge from the army.
Didi’s resignation after 32 years of service follows in the wake of the Prosecutor General’s Office filing criminal charges against former President Mohamed Nasheed and former Defence Minister Tholhath Ibrahim Kaleyfan for allegedly ordering the arrest of Criminal Court Chief Judge Abdulla Mohamed on January 16.
Nasheed and Tholhath were charged with violating Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal, an offence that carries either a three-year jail term, banishment or a MVR2,000 fine (US$129.70).”
In a statement on Sunday, PG Ahmed Muizz said he intends to press the same charges against former Chief of Defense Forces Moosa Ali Jaleel, Brigadier General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad for their role in detaining the judge.
Local media has reported that the charges were filed at the Hulhumale’ magistrate court today.
Didi, 51, was serving as the Male’ area commander at the time of Judge Abdulla’s arrest and was transferred to the southern area command following the controversial transfer of power on February 7.
Brigadier General Didi meanwhile told local daily Haveeru yesterday that he decided to resign out of respect for the military uniform as he did not wish to attend court and face charges in MNDF uniform.
“I’ve always respected the military uniform during my entire 32 years of service in the military. It’s my belief that I must be present in court after removing the uniform. I do not wish to face the court while wearing this uniform,” Didi was quoted as saying.
Didi noted that the highlight of his military career was defending the nation during the failed coup attempt on November 3, 1988. He was subsequently awarded a medal for bravery.
Didi declined to comment on the arrest of Judge Abdulla.
The Human Rights Commission of Maldives (HRCM) is to investigate the pepper-spraying of former President Mohamed Nasheed by police during a protest on July 14.
A video of the incident shows a riot police officer reaching over a crowd of people surrounding Nasheed and spraying him in the face. Nasheed turns away as the spray hits him, and is taken away by his supporters, but later returned to the protest.
“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement.
“The Maldives Police strongly denies MDP allegations of directly pepper spraying on individuals eyes at close range, especially ex-president Mohamed Nasheed, and urge the Maldivian Democratic Party to publish statements responsibly,” police said.
Police admitted using the spray to control the crowd during their recovery of barricades removed by the demonstrators, but have denied intentionally targeting the former President.
“Pepper spray was used to halt the charging demonstrators on July 14th night against police barricades set for security reasons. This spraying was never in any case directed to human eyes in close range but into the air to avert possible regulation violations by demonstrators,” the statement read.
“The allegations made by the Maldivian Democratic Party against Maldives Police pepper spraying directly on Ex-president Nasheed’s face is not true. The Maldives Police Service have no intentions on directly pepper spraying on Ex-President Mohamed Nasheed nor any other individuals; however, the incident is currently being looked into and necessary actions will be taken against any officer who uses excessive force.”
Police also appealed the demonstrators “not to rage in violence and not use any loudspeakers as the unfriendly circumstance by the demonstrators went deep into the night.”
http://www.police.gov.mv/page/28836
Asked to clarify the circumstances under which pepper spray was used on demonstrators, Police Sub-Inspector Hassan Haneef referred Minivan News to the police statement.
The Maldivian Democratic Party (MDP) have meanwhile condemned the “cowardly” pepper spraying of their leader, alleging that the Special Operations officers sought out the former President and deliberately sprayed him.
“Nasheed is a former president and the security services are legally responsible for his security,” the party said in a statement.
The incident had “further destroyed public confidence in police”, the MDP stated, and was “an attempt to create chaos and incite protesters to violence.”
The MDP’s Parliamentary group leader, MP Ibrahim Mohamed ‘Ibu’ Solih, said the party would submit the matter to parliament’s national security committee.
“Police should be mindful of maintaining their authority and integrity at a time when confidence in the police institution has been undermined,” Solih told local media.
President’s Office Spokesperson Abbas Adil Riza was not responding at time of press.
Police have said an anti-government protest held last night by Maldivian Democratic Party (MDP) supporters was comparatively calmer compared to demonstrations witnessed on Sunday (July 15), as its officers continue to exercise “minimum force” to contain crowds.
Police Spokesperson Sub-Inspector Hassan Haneef told Minivan News today that eight arrests had been made during last night’s demonstrations, with five of those detained still remaining in custody as of this afternoon.
However, the now opposition MDP has alleged that its supporters continue to be the victims of police brutality, accusing the country’s law enforcement officials of “lying” about the conduct of demonstrators and the alleged discovery of several “syringes of acid” this week.
While the opposition party contends that the protests this week have been “largely peaceful”, the ongoing demonstrations have at times broken out into violent clashes. This violence has led to allegations of police brutality against demonstrators, and counter claims of protesters attacking reporters and security forces.
Thousands of protesters were observed early yesterday evening by Minivan News attending the night’s demonstrations early, though this number had declined to a few hundred by around midnight. The protests eventually ended by about 4:00am this morning, according to police.
Crowd control
Sub-Inspector Haneef said that police officers had continued throughout the week to amend their crowd control tactics on a daily basis as needed. He declined to speculate on how demonstrators may have been adapting their own approach during the consecutive nightly protests that began earlier this month.
According to Haneef, an individual was last night taken from the crowd with what appeared to be stab wounds to his stomach. He adding that investigations were now continuing into the incident.
Haneef also confirmed that officers had discovered a package during the last two days said to contain vials of a substance later found to be an unknown concentration of sulphuric acid. “We are now waiting on the final report to clarify the concentration of the acid,” he said.
However, MDP MP Imthiyaz Fahmy today hit out at police claims that they had been employing “minimum force” during the week, alleging that peaceful protesters last night continued to be harassed and, in some cases, arbitrarily arrested.
“Every protest so far is peaceful, we have seen police coming through the barricades to snatch people from the crowd in intimidation,” he said.
In recent days, Minivan News observed isolated incidents of half-filled water bottles and shoes being thrown from crowds gathered near temporary barriers set up by police.
Fahmy contended that the protests were themselves “largely peaceful”, with protesters exercising their right to demonstrate against a police force it claims had a direct role in the controversial transfer of power in February.
The MDP and former President Mohamed Nasheed have alleged that the government of President Waheed had been brought to power in a “coup d’etat”, sponsored by mutinous sections of police and military as well as opposition politicians now aligned with the coalition government.
Fahmy claimed the MDP continued to doubt the legitimacy and tactics of national security forces as a result.
“We simply cannot trust anything the police say. This is the same police that brought about the coup and also falsely arrest people,” he alleged. “People flocked in their thousands yesterday to march from [an MDP protest site at] the usfasgandu area of Male’ to Chaandhanee Magu.”
When asked about reports of police discovering syringes of sulphuric acid and “plastic bags filled with chilli powder mixed with water” during this week’s protests, Fahmy accused police of fabricating the stories and evidence to defame protesters.
“They are always coming up with such stories. They have been lying about incidents during the protests,” he claimed. “We have raised concerns about video footage clearly showing [former] President Nasheed being pepper sprayed. They have denied using pepper spray at the protests. This video evidence contradicts statements they have made.”
Sub-Inspector Haneef responded that police had admitted to using pepper spray during the ongoing protests in certain circumstances . When asked to clarify the official protocols for using pepper spray against crowds, the police spokesperson referred Minivan News to an official statement released earlier today.
The Maldivian Democratic Party (MDP) has highlighted concerns raised by the UN Committee on Human Rights (UNHRC) that civil society organisations in the Maldives have allegedly received threats after submitting evidence to the inter-governmental body.
According to the MDP, the warning came during the closing stages of the Committee’s consideration of the Maldives’ report on its implementation of the International Covenant on Civil and Political Rights (ICCPR).
Home Minister Dr Mohamed Jameel and State Minister for Foreign Affairs have spent the last few days defending the country’s human rights record before the committee, which received a series of reports critical of that record from numerous local and international organisations.
An emergency point of order was raised by the Vice Chair of the Committee during the closely stages of the committee hearing.
The committee had, the Vice Chair said, “received extremely worrying reports that civil society groups in the Maldives which gave information for this meeting have been the subject of threats as a result. This includes the worst kind of threat – the threat to life,” the MDP cited in a statement.
Reprisals against such organisations and individuals for cooperating with international human rights bodies was a serious concern, the panel noted, and urged the government to ensure civil society was protected.
The MDP noted that with the statement, the Maldives had joined other States to have received such warnings including Bahrain and Sri Lanka.
President’s Office Spokesperson Abbas Adil Riza told Minivan News that the government had “received complaints” from former Maldives High Commissioner to the UK, Dr Farhanaz Faizal, “that she has been receiving death threats, and we have brought this to the attention of the High Commission in London and the police.”
Minivan News was awaiting clarification from Dr Faizal at time of press.
Helios submission
Separately, Minivan News obtained an email sent by President’s Office Media Secretary Masood Imad to the Helios Life Association, a Swiss-based NGO which submitted a report to the UNHRC claiming that “the growing political and institutional influence of radical Islamic groups has undermined the Maldives’ progress towards realisation of rights guaranteed under the ICCPR.”
The Helios report noted that “this growing radicalisation resulted in the creation of a coalition of political parties in December, called the 23rd December Coalition for the Defence of Islam.
“As well as extremist religious elements, the 23rd December Coalition comprised of a range of political groups and individuals linked to the country’s former autocratic leader, Mr Maumoon Abdul Gayoom. The Coalition had been formed in direct opposition to the observance of international human rights law, particularly to the undertaking given at the UPR process that a national debate will be held on ending forms of punishment not consistent with Article 7.”
The report drew the Committee’s attention to the visit of the UN High Commissioner for Human Rights, Navi Pillay, to the Maldives and the vitriolic reaction to calls she made for a moratorium of the flogging of women for extramarital sex.
“The [December 23] Coalition proceeded to carry out a coup d’etat on February 7, which was executed by elements of the army and police loyal to Mr Gayoom, his close allies and former members of his government, and other parts of the 23rd December Coalition, following a call by the then Vice‐President, Dr Mohamed Waheed, to ‘defend Islam and the Constitution’”, the Helios report alleged.
“The coup saw elements of the police and army threaten the Maldives’ first democratically‐elected President, Mr Mohamed Nasheed, his family and colleagues from the ruling Maldives Democratic Party (MDP), with physical harm or worse unless he resign by a certain time.”
In the email sent to the Helios Association, Imad asks the organisation’s President, Dr Anna Barchetti Durisch, for the “names and positions” of the report’s authors, and whether a delegation from the organisation had visited the Maldives to assist in the drafting.
Speaking to Minivan News, Imad said that the picture on the front of the report – consisting of several police officers holding a baton to an old man with a bloody head injury – was a “fake picture” that had been photoshopped.
As for the report’s content, “much of it is biased. It sounded like a joke to me,” he said.
Pictured: The Helios report cover image the government alleges is fake.
Chaandhanee Magu is normally one of the busiest streets of Male’, the tourism hub of one of the world’s smallest and most congested capital cities.
Yet at 11:30pm on the night of Saturday July 14, an eerie silence fell on the street, save for the distant, tinny, looped sounds of the opposition Maldivian Democratic Party’s (MDP) protest anthem “Chis Chis Kolliyas”, and the synchronised thumping of police shields hitting tarmac.
The protests, or “MDP mayhem” as they have been reported in some local media outlets, reflect seven consecutive days of anti-government demonstrations by opposition party supporters.
Amidst widespread allegations in both local and international media of police brutality, attacks by protesters on police and reporters, and numerous arrests – as midnight approached yesterday, the demonstrations – much like the country’s wider political landscape – were at a stand-off.
Police reports
According to provisional police reports, nine people were arrested during the night’s protests. Two of those arrested have already been released. Police Spokesperson Sub-Inspector Hassan Haneef confirmed that one officer had sustained a minor injury during clashes, but insisted that there had been no use of hoses or rubber bullets. Demonstrators have meanwhile complained of the arbitrary use of pepper spray and mistreatment of female protesters by security services.
Front lines
For the anti-government protesters and police gathered at either end of Chaandhanee Magu last night, the street represents the current front line of political dissatisfaction that has followed the controversial transfer of power in February.
Chaandhanee Magu, usually a gauntlet of brightly coloured souvenir shops for tourist and resort visitors to traverse, was last night lined by members of the press and photographers, all waiting for an escalation in clashes between the two sides.
For a brief period leading up to midnight, almost a dozen or so police officers stood back from the barriers in an apparently restrained and hands-off approach. Meanwhile, anti-government figures standing behind the temporary barricades tried themselves to bring a sense of order to the mocking chants and heckling of the country’s security forces.
Despite the ongoing tension and traces of pepper spray in the air, the atmosphere verged between noisy and almost playful to sudden bouts of cat and mouse baiting of police by anti-government figures in the crowd.
Later that evening, when the semblance of self-enforced order broke down into the sporadic confrontations that have been the hallmark of the week’s protests, a handful of protesters were quick to have their say to foreign-looking media as they made their way past barriers set up by police.
“They are a coup government. This is a coup police,” said an animated middle-aged man making his way down towards police stationed at the junction of Republican Square down from Chaandhanee Magu. “We are completely unarmed here.”
Unarmed in a conventional way, perhaps. Throughout the evening Minivan News observed isolated cases of small bottles filled with water and shoes being thrown from the crowd at officers. On one occasion, a sandal narrowly missed several journalists clustered behind the barriers.
Provocation?
Either in playful defiance, or an attempt at provocation, some protesters in between chanting and singing were seen kicking over and hauling away temporary barriers, before security forces responded by entering the crowd to return the symbolic if ineffective structures.
The occasional charges by police into the crowd lead to chaos, with demonstrators screaming and photographers sometimes being caught in the fray as officers sought to breach the protest lines. During one such charge, a handful of protesters were taken behind police lines, the barriers were replaced, and the songs and chanting then continued as if nothing had happened.
Despite a willingness among some protesters to remove the barriers, other figures in the crowd appealed for caution, calling for order on the opposition’s front lines.
A local man dressed as an “alternative” police chief, decked out in his own bespoke yellow uniform, issued orders to the crowd over a megaphone, mocking police whilst chastising one protester for attempting to kick over a barrier.
Among the throng of younger and middle-aged protesters is Naeema, a mature yet highly-animated protester in her sixties wearing a cowboy hat, who surged past the barricades brandishing an MDP flag and shouting at police, to the mirth of the gathered crowd.
Several figures from the former government at points arrived to survey the scene, but the biggest reception at the barricades is for the country’s former President Mohamed Nasheed – now leader of the political opposition.
At the stroke of midnight Nasheed, who was reportedly pepper sprayed earlier in the evening after police attempted to drive back the gathered crowds, returned to the protest, creating a swell of excitement and applause from his supporters.
In an act of either statesmanly defiance – or perhaps awareness of calls from senior government politicians for his arrest – the former president stood silently just behind the barriers set up by police, as supporters attempt to incite a response.
“You can see how he energises the crowd I think,” observed a a young woman upon Nasheed’s arrival at the barriers.
As the “excitement” led to temporary barriers again pushed away back into the crowd, protesters began to push forward down Chaandhanee Magu towards the gathered police forces further down the road.
Nasheed nonetheless remained behind the metaphorical police banner, aware of the potential for arrest – a line, politically, he seems unwilling to cross.
With Republican Square part of a so-called “Green Zone” due to its close proximity to politically sensitive areas of the capital – including the President’s Office and military headquarters – stationed officers carried plastic shields that were used to push the gathered crowd back down Chaandhanee Magu.
As the crows increased, the dozen or so police on duty bolstered their numbers in order to drive back and split protesters at the junction. At the same time, military forces were seen preparing a water hose to disperse protesters – a measure not used that night.
With more riot police, the crowd was forced back along Chaandhanee Magu, Fareedhee Magu and Medhuziyaaraiy Magu by shield-carrying officers to a cacophony of howls and screams.
Government condemnation
The government today released a statement condemning “acts of violence carried out by opposition activists”.
According to the President’s Office, party activists led by former President Nasheed were charged with continuing to “harass” government officials and law enforcement officers.
“Similarly in the early hours of July 12 2012, MDP activists torched a newly built police station in Noonu Atoll Holhudhoo. A number of journalists have been injured by activists, including a television presenter from private broadcaster DhiTV,” the statement read.
President Mohamed Waheed Hassan said that efforts were underway to restore “restore peace and calm” to the Maldives.
“Those responsible for these cowardly acts will be brought to justice. We urge the leadership of the MDP to call an end to these violent acts being carried out by their activists and participate in resolving disagreements through the correct mechanisms,” the President said.
“Targeted intimidation”
The MDP meanwhile moved to condemn what it alleged was the “targeted intimidation of women protesters” by the government, amidst what it claimed were “five months of ongoing peaceful protests”.
The party, issuing an official statement, pointed to a number of arrests of prominent female party activists, including the MDP Youth Wing President Aminath Shauna this weekend, as proof of efforts by the government to deny the rights of protesters in the country.
“The MDP have previously highlighted and expressed concern over the current regime’s steps to narrow constitutional rights through their representatives in the legislature, and through collusion with a judiciary which is far from independent,” the party claimed in a statement.
MDP MP and spokesperson Hamid Abdul Ghafoor said the authorities practised a skewed justice.
“Not one single police officer has been charged or prosecuted in connection with the widespread police brutality in the country since Feb 7 [this year],” he said. “Over 700 protesters have been arbitrarily detained, and many of them tortured and sexually abused.”
As allegation and counter allegations continue to pass between the country’s two opposing forces, by 3:00pm this afternoon barricades were again being set up by security forces across the “Green Zone”.
Traffic meanwhile continued to pass by Chaandhanee Magu. Come tonight, the barriers will no doubt be back, as will the songs and chanting – all as if nothing has happened.
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) on Thursday and Friday.
The delegation was headed by Home Minister Dr Mohamed Jameel, former Justice Minister during the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012. The publication was released at a time when the home minister’s 2300 member Dhivehi Qaumee Party (DQP) was in opposition.
Dr Jameel was accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam.
Adam and Dr Jameel first read out a prepared statement from the government in response to a list of issues raised by the UNHRC. The delegation then faced questions from the panel, and were given the opportunity to respond.
Dr Jameel began by briefly outlining the current political situation in the Maldives, noting that the country had seen “significant changes” in 2012, which had “clear implications for rights protected under the Covenant.”
He explained to the panel that President Mohamed Waheed had ascended to the presidency according to the constitution following the resignation of President Mohamed Nasheed on February 7, emphasising that this elevation was “not a change of government, but a continuation of the democratic government.”
He acknowledged “disagreement over the nature and sequence of events that led to Nasheed’s resignation”, noting that this had “led Nasheed and his supporters to question the legitimacy of the new government” and “perpetrate the political tensions in the country.”
The government wished to accommodate peaceful protests, he said, but added that “Maldivian Democratic Party (MDP) activists harass fellow citizens at odd hours of the day, conducting political demonstrations late at night without notifying authorities.”
“The government opposes acts of violence, but these protests are violent in nature,” he claimed. “Despite this police have used minimum force and shown maximum restraint.”
The UNHRC panel began by observing that the government’s list of issues had been generated in 2011, “and as the delegation has conceded, there have been dramatic developments since then.”
The panel noted that the statement given by the government had noted that the provisions of the covenant were not treated as law in the Maldives unless incorporated, noting that this “could give the impression that the covenant did not have the status of law, whereas it has the status of international law.”
While Ambassador Adam had claimed that the Covenant was “adequately domesticated” in the Constitution, “we cannot say it has been adequately domesticated when the grounds for discrimination do not include language and religion,” the panel stated.
The panel also raised the “sweeping provision” in the Constitution that no law could be enacted contrary to a tenant of Islam, and what the ramifications of this were for the government’s commitment to the Covenant.
“Forms of torture and ill-treatment included the use of suspension, lengthy use of stocks, being beaten with fists and bars, kicked, blindfolded, handcuffed, the dislocation of joints and breaking of bones, being forced to roll and squat on sharp coral, being drowned or forced into the sea, being put in a water tank, being burned, having bright lights shone in eyes, being left outside for days while tied or handcuffed to a tree, being covered in sugar water or leaves to attract ants and goats, and in one case being tied to a crocodile’s cage. Sexual assault and humiliation was also routinely used. Many testimonies suggest the only limit to the torture and ill-treatment imposed was the imagination of those whose control they were under,” a UNHRC panel member read.
“Surely this is something that refers to before 2008,” the panel member stated, “but the [present government] has a responsibility to pursue and investigate and bring to justice if these [allegations] are indeed correct. If there is an atmosphere of impunity regarding torture, I would offer that the present situation would not be treated differently by those who would want to violate the office they have, and abuse those under their care, or those going peacefully about their business.”
The panel member also raised the question of judicial flogging, and asked the delegation to identify what crimes were punishable by flogging, and to what extent it was used.
“You say you identify a notion of discrimination because more women are flogged than men, but you don’t say what you intend to do about it,” the panel member stated. “To me the easiest way to do that is to abolish flogging.”
Another panel member questioned the delegation as to whether Dr Waheed had been publicly announced as Vice President before the 2008 Presidential election, whether his name had appeared on the ballot, and asked why the government had retreated from promises of early elections.
“I am aware that at the time of the transfer of government – and I’m not using the word some others would use – there was an undertaking for new elections to be held this year. And that undertaking was withdrawn. I can certainly see why, whatever the constitutional provision, there is a sense that a retesting of the government’s legitimacy might be a good thing,” the panel member stated.
He asked Dr Jameel to clarify a contradiction in his opening statement, in which he claimed that the government was involved in diagloue to generate consensus and that as a result Maldivians had been able to “enjoy their daily lives as normal”, but then went on to describe violent protests “which are making normal life in the capital impossible.”
The panel member also raised the “troubling role of the judiciary at the centre of many of these [recent] developments.”
“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” he observed.
One panel member raised the concern of the current push in the Maldives towards the cessation of the practice of the President commuting the death penalty.
Another, identifying himself as from a Muslim country himself, asked whether the universal recognition of rights guaranteed by the ICCPR “ fully coordinated” with the status of religion accorded by the Constitution in the Maldives, and asked about the ramifications this had towards the Maldives’ treatment of women, criminal sanctions, citizenship and freedom of expression.
“We face two trends: the universalist trend which places emphasis on human rights, and the cultural trend, which places the emphasis on Islam. The problem lies in reconciling the two,” he said, asking whether the Maldives was seeking the “modernist” approach of reconciliation.
In response, Dr Jameel said human rights in the Maldives streamlined with Islam “with very few minor exceptions.”
“The general acceptance of Muslim jurists is that Islamic human rights were there long before we subscribed to universal human rights,” he said.
“We declare that there are no apparent contradictions between human rights and what is there in the Maldives constitution.”
Dr Jameel observed that on the subject of religion and language, “As I highlighted, the Maldives as a Muslim country clearly stipulates that the rights enshrined in the constitution should be interpreted in a way that do not contradict Islamic Sharia.”
The Maldives was, he said, a homogenous society that spoke one language, was of one race and one religion, and therefore there was “no debate in society calling for the removal of the provisions [relating to] language or religion, because of the characteristics of the Maldives as a society.”
Dunya noted that “being a Maldivian and being a Muslim have become interlinked and inseparable. There is strong public support for the Maldives being and remaining a 100 percent Muslim country. Indeed if anything, the introduction of democracy have intensified [this perception].”
There were no plans to withdraw the reservation, Dunya said: “This is not dogmatic government policy or preference, but rather a reflection of the deep societal belief that the Maldives always has been and always should be a 100 percent Muslim nation. Laws, like government, should be based on the will of the people.”
On the subject of justice, Dr Jameel emphasised that any citizen could bring their grievances before the judiciary, over which the executive had “little or no influence.”
Regarding the “very useful” REDRESS report containing torture victims testimonies, “I admit we have a history that we need to go back and study to avoid what we have witnessed in the past. That was the reason why the Maldives has always been a very progressive society,” Dr Jameel said, noting the improvement in consecutive constitutions.
In the light “of many unfortunate incidents in the Maldives”, Dr Jameel noted, the Maldives had no period of limitation – and that therefore incidents such as the Addu and Huvadhoo uprising and the 1988 coup would also be open for victims to seek compensation.
“As a government we believe we have an independent judiciary. We leave it to the victims to invoke these instances before a court of law,” Dr Jameel said.
“We are a very poor country. Our budget for this year is in deficit, therefore any question of compensation will put the rights of many others in jeopardy.”
On the subject of the death penalty – which Dr Jameel himself has previously stated the government was prepared to implement – he noted that the Maldives was in the grip of a crime surge “which worries many”.
“For example, this year alone we have had seven murders in a country of 350,000. The country is really struggling to address this surge of crime. It is in the light of these occurrences that this debate has occurred. There is no official government discussion, but there are scattered debates across every section of society,” Dr Jameel said.
On the subject of the transfer of power in February, “if the Commission of National Inquiry (CNI) find any criminal offences that occurred during that period they may draw these to the attention of the relevant institutions, such as the Maldives police services,” Dr Jameel told the panel.
“There are various elements, this includes the judiciary and the Prosecutor General, who can order a probe if it warrants a criminal investigation, and compel police to investigate. HRCM is also mandated to investigate and appear in trials,” he said.
HRCM had already produced a report on the former President Nasheed’s “abduction of the Criminal Court judge”, Dr Jameel noted.
A Maldivian government delegation will stand before the UN Human Rights Committee (UNHRC) at 6:00pm (local time) on Thursday to discuss the current state of national efforts to address human rights and equality issues.
The committee hearing comes as certain local and international NGOs raised criticism over an alleged deterioration in commitments to address national human rights concerns since March 2011.
Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during today’s session to discuss human rights in the country.
The government of the Maldives responded to the list of issues to be raised during the session today earlier this month.
However, speaking to Minivan News this week, President’s Office spokesperson Abbas Adil Riza said the administration’s key focus at the UNHRC hearing was expected to be countering allegations put forward by the opposition Maldivian Democratic Party (MDP) about alleged police brutality and human rights abuses conducted since it came to power in February.
Abbas added the government would submit its case against what it called grossly “exaggerated” allegations raised by the MDP, which clams to have been removed from office in a “coup d’etat” on February 7.
UK-Maldives All Party Parliamentary Group
Aside from the reports submitted to the UNHRC, a UK-based NGO called Maldives Watch this week provided a report to the UK-Maldives All Party Parliamentary Group outlining what it claims has been a deterioration in human rights commitments despite assurances given in the Universal Periodic Review (UPR) back in March 2011.
The report claims that the perceived decline in respect of human rights practices had been largely attributed to a “rising Islamist influence and the return of the former dictatorship.”
Since February’s controversial transfer of power, President Mohamed Waheed has installed a coalition unity government consisting of former opposition groups including the Progressive Party of Maldives (PPM), the Dhivehi Rayithuge Party (DRP) and the Jumhoree Party (JP) amongst others.
The PPM is currently headed by Maumoon Abdul Gayoom, the former autocratic ruler of the Maldives, who was succeeded by former President Mohamed Nasheed in the country’s first presidential elections in 2008.
The MDP passed a resolution on February 8 contending that the present government was illegitimate. The party has therefore refused cooperation with the coalition’s work – a position it has continued to back amidst five consecutive days of protests in Male this week that have at times descended into violent clashes with police.
While Waheed’s coalition government includes cabinet positions for several members of former President Gayoom’s family and party, the president on February 17 denied the coalition had restored an autocratic dictatorship to power.
“Anything other than President Mohamed Nasheed’s government is now being painted as the old government, as a return to the old regime. Which is a really misleading way of looking at it,” he stated at the time. “In this country most of us grew up and got education during the last 33 years, and most of the well educated people in this country worked in government. The government was the biggest employer in the country and continues to be so.”
Violation claims
To justify Maldives Watch’s claims about a deterioration of human rights in the Maldives, the report pointed to a number of developments including the adoption under the Nasheed government of Religious Unity regulations it claimed served to violate freedom of expression and right to information.
“The regulations give the Minister for Islamic Affairs arbitrary powers to ensure that only officially sanctioned views on religion can be expressed,” the report claimed.
Maldives Watch also pointed to the condemnation of UN High Commissioner for Human Rights Navi Pillay following calls she made back in November 2011 to encourage a national debate to ending flogging, a commitment said to have been backed by the Maldives at the UPR.
“The coalition was led by radical Islamists and were joined by all opposition parties, all advocating Islamic supremacist ideas,” the report added.
Concerns were also raised over the detention of Criminal Court Chief Judge Abdullah Mohamed on January 16 2012 under the Nasheed administration .
The detention, which the the government claimed had been made over concerns about “national security” owing to allegations that Judge Abdulla was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.
Other issues raised by Maldives Watch’s report include:
The “overthrow” On February 7 2012, of the elected Nasheed government by various members said to be linked to the December 23 Coalition
Claims made this year by President Waheed on February 24, May 2, and “several occasions since” from other members of government, warning against dissent and labelling opposition as terrorists
A “resurgence of police brutality and growing violations of freedom of assembly freedom of association, and freedom of expression” since the transfer of power
Calls made during a series of stalled all-party talks – last held in June – for the opposition MDP to “give up its fundamental rights relating to freedom of expression, association, and assembly”
Police and the military “violently” taking over the state broadcaster before former President Nasheed’s resignation on 7 February
Allegations that private broadcaster Raajje TV “the only TV station critical of the government” has experienced government interference in obtaining a satellite uplink and harassment of its journalists
Perceived bias within the country’s judiciary, which is alleged to be either controlled by the elements of the Gayoom administration “or sympathetic towards the sharia norms espoused by the government”
Members of the Country’s Human Rights Commission (HRCM) perceived to be sympathetic to the interests of Maumoon Abdul Gayoom with a relative said to be employed in a key position within the body
The full report submitted to the parliamentary group is available here.
Despite having ratified the Convention on the Rights of Persons with Disabilities (CRPD) back in April 2010, the Maldives must provide regulatory reforms ensuring against disability-based discrimination and abuse in local society, according to the International Disability Alliance (IDA).
The IDA, which represents a number of NGOs and charities working with people living with disabilities or mental health issues, has made the claims in a report outlining recommendations for how the Maldives can ensure against discriminating the disabled.
The recommendations note particular concerns such as “the lack of adequate and appropriate services, financial resources as well as specialised, trained personnel” available to children with disabilities to ensure their human rights are not being infringed.
The IDA findings will be among several documents submitted to a hearing of the UN Human Rights Committee (UNHRC) in Geneva on Thursday (July 12).
The report’s views have also been backed by local NGO, the Association for Disability and Development (ADD), which told Minivan News that it continued to hold reservations over a lack of policies outlining education, healthcare and employment rights for local people with disabilities.
An ADD spokesperson this week said that although the CRPD had been certified in the Maldives, a lack of national policy and regulation had meant, “there was nothing that could be done” about protecting the rights of people with disabilities or mental health issues.
“Regulations are needed, but the speed in which this process is happening is just too slow,” the ADD spokesperson claimed. “Disability is an area that has been neglected because politicians see other issues as much more pressing here.”
Ahead of its session with the UNHRC committee tomorrow, the government of President Dr Mohamed Waheed Hassan, has provided responses to the list of issues expected to be raised.
The UNHRC has already identified key issues to be taken up with the Maldives, concerning its International Covenant on Civil and Political Rights (ICCPR) commitments. A document outlining these issues – drawn from the country’s Universal Periodic Review (with submissions from government, HRCM and civil society), was published in August 2011 – prior to the controversial change of government and fresh allegations of police brutality and attacks on journalists.
Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during Thursday’s session to discuss the country’s human rights commitments.
Government view
When questioned yesterday whether the issues raised in the IDA recommendations were expected to be brought up with the delegation at the UNHRC, the President’s Office said the administration’s key focus would be on dealing with allegations put forward by the opposition Maldivian Democratic Party (MDP).
President’s Office spokesperson Abbas Adil Riza told Minivan News that the government would submit its case against allegations raised by the MDP about alleged police brutality. Abbas claimed that these allegations had been “exaggerated” by the opposition.
A number of NGOs, including Redress, the Helios Life Association, the IDA and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.
Speaking last night at a special ceremony held to celebrate the efforts of Maldivians working with people living with disabilities, President Waheed claimed that the state had in recent years been conducting programmes to try and assist the disabled.
“The only we way we can make our society more kind, just and caring is by us all changing ourselves to be more kind and caring towards the disabled. By making the society friendlier towards such individuals,” the president was quoted as having said by the Haveeru news service.
Local media also reported that the president committed to move ahead with establishing a focused Disability Unit under the Ministry of Gender and Human Rights.
Discrimination prevention
From the perspective of the IDA recommendations, the Maldives has been asked to take a number of steps to ratify the UNCRPD and its optional protocol.
These steps include adopting legal measures that would prohibit discrimination against people living with disabilities or mental health issues, while also preventing the likelihood of them being abused or facing domestic violence.
The IDA also called on the government to provide health care services including mental and reproductive health care to disabled people along with other related services while ensuring the “free and informed consent” of the recipient. In addition, the report also called for authorities to ensure “involuntary treatment and confinement” were not allowed under national laws.
Addressing article 13 of the CRPD, the IDA also called for the provision to disabled people of “effective access to justice on an equal basis with others”. This would ensure that disabled people could serve both directly and indirectly in the country’s criminal justice system, according to the recommendations.
The Maldives has also been called upon in the findings to repeal restrictions imposed in sections 73 and 109 of the national constitution. These restrictions are said to relate to the disqualification of elected members of parliament or even the president if they are deemed not of “sound mind”.
According to the IDA, the provisions are contrary to international standards on political participation.
“This is confirmed in OHCHR thematic study on participation in political and public life by persons with disabilities, which explicitly states that there is no reasonable restriction nor exclusion permitted regarding the right to political participation of persons with disabilities,” the recommendations stated.
In considering the state report submitted to the UN by authorities n the Maldives, the IDA said that no references were made directly to disability, with the government having instead referred to the Common Core Document submitted on February 16, 2010.
Marginalisation
According to the recommendations, Maldivians citizens living with disabilities are presently believed to be among the “most marginalised” in society, with a study conducted back in 2008 indicating that an estimated 25 percent of disabled children living in Haa Alifu Atoll and Haa Dhaal Atoll never left their homes.
Despite this apparent marginalisation, the IDA pointed to the provision in the 2008 Constitution of Malidves outlawing discrimination of people living with mental health issues or physical disabilities. The constitution also calls for “special assistance or protection to disadvantaged individuals or groups”, the IDA added.
“This provision provides the constitutional basis for a number of steps being taken to promote and protect the rights of disabled persons. The most important of these steps are the formulation of a comprehensive Disabilities Bill and a more specialised Bill on Mental Health,” stated the recommendations.
Disabilities Bill
The IDA said the Disabilities Bill, based heavily around the CRPD and designed in consultation with disabled people living in the country, was devised with provisions for the establishment of a special council charged with compiling a national database of citizens living with disabilities in the Maldives.
The council would also be required to protect the rights of people with disabilities, as well as oversee specialised monitoring centres, addressing complaints and drawing up annual reports.
“The draft law also requires the establishment of special education centres for disabled persons; requires state schools to have facilities for the disabled and to ensure that no disabled person is denied an education. [It also] requires that disabled persons be afforded special protection in the workplace and to ensure that disabled persons are not discriminated against in the job market; and requires that public spaces such as parks and supermarkets provide access facilities, such as ramps, for disabled persons,” the recommendations said.
“Finally, under the bill, the government commits to providing financial assistance of a minimum of US$155 a month to all disabled persons, while persons found guilty of harassing or mocking disabled persons are liable to be fined between US$389 to US$778.”
While initially passed on December 21 2009, the bill faced criticism from organisations including the ADD, the Maldives Deaf Association , Care Society and Handicap International for not being consistent with the CRPD document.
Reacting to these concerns at the time, former President Mohamed Nasheed was said to have vetoed the bill and sent it back to the Ministry of Health and Family on January 6 for revision. It was re-tabled in parliament during 2010, the IDA said.
“A general policy on disability is in its final draft form. The policy has been developed after consulting with persons with disabilities throughout the country. The policy relies on the CRPD as its framework and repeats its general principles, refers to most of the rights in the Convention and includes national monitoring mechanisms in line with the convention,” the recomendatons claimed. “The policy identifies a national coordination mechanism, as well as the Human Rights Commission as the monitoring body – both elements being in line with the CRPD.
Mental health policy
The IDA claimed that a second policy on mental health was also at an initial draft stage. The report claimed that the draft include “positive aspects” such as recognising the need for “informed consent” to ensure that treatments were not being forced upon people with mental health issues.
“It also recognises a paradigm shift from institutional care to community‐based rehabilitation as an important step towards protecting the rights of people with disabilities,” the IDA claimed. “It also outlines an institutional framework that establishes treatment services in the remote areas, thereby increasing accessibility to essential rehabilitative services to those in need.”
Disability awareness
However, the recommendations stressed that disability awareness had been a recent development in the country. It claimed therefore that children with disabilities had traditionally been kept within families and away from wider society.
The IDA contended that a “social stigma” still surrounded children with disabilities and affected the way they are treated in society, also limiting future employment prospects.
“Local NGOs claimed in 2005 that there were thousands of persons with disabilities due to high levels of malnutrition during pregnancy. The government has established programmes and provided services for persons with disabilities, including special educational programmes for persons with hearing and vision disabilities,” the recommendations stated. “Persons with disabilities are usually cared for by their families, and when family care is unavailable, they are placed in the Home for People with Special Needs, under the [previous] Ministry of Health and Family, that also hosts elderly persons. When requested, the Government provided free medication for all persons with mental disabilities in the islands, but follow‐up care was infrequent.”
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