Category: Society & Culture

Comment: To Flog or not to Flog

A few months ago, a protest took place in the Maldives in defense of the Islamic Huddud (punishment) after a UN delegate spoke out against whipping for adultery from the Maldivian Parliament.

A few years ago, I had heard it argued that it was not Islamic to literally apply the Huddud in this day and age. I wanted to know for sure who was correct about this issue from an Islamic point of view, the fundamentalists or the liberal Islamic scholars.

Seeking answers, I dug out and read a few of my old volumes of Sahih Muslim, as rendered into English by Abdul Hamid Siddiqi. The experience I had wading through those pages rekindled that warm flame within me of the Islamic spirit of Mercy, the Mercy of Allah for all humanity.

This Mercy is understood by all Islamic scholars to be the supreme attribute of Allah. I came to believe that it is perfectly justifiable within a Sunni Islamic context to have the opinion that it is against this Merciful Essence of Islam to literally apply the Huddud in our day and age.

The Huddud (punishment) of flogging for Zina (adultery) is prescribed by the Qur’an and the Sunnah. Also in the Quran, however, in Surah four 15 – 16, it is stated that those who commit crimes such as Zina are to be extended forgiveness and Mercy if the perpetrators repent. As we well know, the view of many fundamentalist Sunni scholars is that these verses prescribing Forgiveness for Zina were abrogated and replaced by the verse prescribing whipping for zina. Many modern Islamic scholars have argued that this is an example of a misunderstanding and misuse of the idea of abrogation.

Let’s look closer at this concept of Naskh, abrogation.

It is one of the fundamental points of Sunni Islam that the Qur’an is the unwritten, eternal Kalam. As an attribute of Allah (Kalam or Speech) it has always existed. Is it possible then, that a ruling of vengeance which has always existed, (as part of the Uncreated Qur’an) could suddenly come into being in the lifetime of our Beloved Prophet (SAW) to replace a ruling of Mercy and Forgiveness which has also always existed.

That is not reasonable. So another perspective is that the Huddud are not so much laws to be applied to all circumstances but are in fact uncreated representations of eternal principles. The highest principle, and the overriding principle in all decision making, is the principle of Mercy, so richly expressed as compassion and forgiveness in the Qur’an and in the Sunnah so very many times.

It is said, in many Sahih Ahadith, for example, that one would be admitted to Jannah (paradise) for having a grain of faith as small as a mustard seed, no matter what his sins were. The practical application of this Mercy comes through the Islamic principle of Maslahah, doing what is best for the community.

In depth study of the Qur’an and Sunnah makes it apparent that the reason the Huddud exist are to make us aware of the immeasurable gravity of the sanctity of life and family, and of the importance of the protection of private property for furthering the development of all the Ummah. The preference for forgiveness is further demonstrated by the near impossibility of applying the Huddud due to the almost impossible to provide demands for proof required by Shariah law (four witnesses to prove fornication for example).

The Prophet’s own preference of the application of forgiveness and Mercy, even when perpetrators confess their sins and demand to be punished, is beautifully demonstrated by a Hadith which recounts an occasion that a female perpetrator of Zina demanded she be punished. The Prophet ignored her, preferring that she accept Allah’s Mercy. She evidently understood the lesson of the sanctity of family which the prescribed punishment for Zinah was meant to teach, and for the Prophet (SAW) that was enough.

As the story goes, this woman persisted in demanding punishment to the point the Prophet could not refuse, and even when she was punished, the Prophet forbade a spirit of vengeance or hate toward her. Sorrowfully, the Prophet demanded reverence, silence; he said he sensed Jannah (heaven) around her as she died. Again, I must emphasise, He did not want to punish her. Such application of punishment was not compatible with the Merciful Intent of the Wahi (the Revelation.)

Unlike some of our present day Muslims, the Prophet was not into protests demanding vengeance and punishment for Zinah, he hated to apply the Huddud and certainly would never have pushed to do so. For he who was sent as a Mercy to the Worlds, it would have been beneath his dignity to make a loud noise about wanting to hurt anybody.

Given our modern understanding and technology, it is possible to promote the gravity of the sanctity of the family and of marriage (the reason for the Revelation of the Huddud) through means such as counseling and education. So it would be most un-Islamic, seems the Islamic preference is Mercy, to literally apply the Huddud for Zinah in our day and age. Of course, those texts will always be there, as they always have, to remind us of the sanctity of family.

There are many great Islamic scholars from the Maldives who agree with the general thrust of this point of view who could actually argue this point a billion times better than I could. Yet since it would be politically damaging for them to share their much needed genius with us right now, I certainly hope that my humble opinion could at least generate some debate about this issue. Eventually I hope to hear from our brave, noble geniuses.

One final thought on this matter.

The Prophet said, and he was not the first Prophet to say it, that he who refuses to show Mercy to others will not receive Mercy from Allah. I wonder what Allah may think of those who’s Zinah and alcohol use had been concealed by Allah’s Mercy, who then demand that that same mercy be denied to others.

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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Police interrogate, briefly detain DQP leaders over “slanderous” allegations

Police interrogated and briefly detained leaders of the minority opposition Dhivehi Qaumee Party (DQP) Thursday night, after the President’s Office requested an investigation into “slanderous” statements alleging the government was working under the influence of “Jews” and “Christian priests” to weaken Islam in the Maldives.

DQP council members former Justice Minister Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi were summoned for questioning at 8pm Thursday night. Former Attorney General and presidential candidate in 2008, Dr Hassan Saeed, accompanied the pair as their lead lawyer.

Speaking to press outside the police headquarters shortly after 10pm, Dr Jameel contended that the government was trying to silence dissent by arresting those who speak out against corruption and intimidation of the judiciary “with a serious warning of destroying democracy in the Maldives in its infancy”.

“By God’s will, we now have the certainty that will we will put this current President [Mohamed Nasheed] in jail for a long time,” he asserted.

Sandhaanu Didi was meanwhile taken to Dhoonidhoo detention island after midnight and released around 7:00pm on Friday night. DQP had filed a case at the Criminal Court at 3:45pm challenging the legality of the detention and seeking reasons for his arrest.

In July 2007, Didi was sentenced to life imprisonment by the former government for distributing the dissident Sandhaanu newspaper online and allegedly fomenting unrest and revolution. His role in the pro-democracy reform movement was recognised by Amnesty International and the US State Department.

Before entering the police station Thursday night, Didi insisted to reporters that his insinuation of the government’s anti-Islamic agenda was true, holding up a booklet titled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians.’

“We brought Nasheed to power by mistake. Nasheed is a madman,” he claimed, calling on the public to “rise up and defend Islam.”

Meanwhile a group of DQP supporters gathered outside the police headquarters to protest, during which DQP Deputy Leader Abdul Matheen was briefly detained for “disobeying a police order” and released after midnight.

“Suppression of free press”

The police involvement provoked a flurry of strong criticism from opposition parties, which have accused the government of resorting to dictatorial tactics, intimidating political opponents “out of desperation” and undermining freedom of expression.

Both the main opposition Dhivehi Rayyithunge Party (DRP) – which formed a coalition with DQP last year – and the Progressive Party of Maldives (PPM) led by former President Maumoon Abdul Gayoom have condemned the government’s “suppression of the constitutional right to free expression.”

In a press statement issued today calling on the international community to intervene, PPM condemned the current administration for “harassment and intimidation” of privately-owned media outlets, arguing that such actions have “created an atmosphere of fear and repression in Male’.”

The ‘December 23 coalition’ of eight opposition parties that united to ‘Defend Islam’ also released a statement on Friday calling for the immediate release of the DQP senior member and condemning the “act of cowardice.”

“The December 23 coalition assures all citizens that we will not be deterred by the intimidation from the government but will continue on with renewed vigor in the face of such adversity for our religion and country to ensure that our rights are protected,” the statement read.

“Invalid offence”

A statement by DQP meanwhile explained that Didi was to be charged under section 125 of the penal code drafted in the 1960s, which states “Where a person makes a fabricated statement or repeats a statement whose basis cannot be proven, he shall be punished with house detention for a period between one to six months or fined between Rf25 and Rf200.”

Noting that the provision was “one of the most frequently invoked clauses by the 30-year rule of President Gayoom to suppress press freedom and dissenting views,” DQP argued that the liberal constitution adopted in 2008 and decriminalisation of defamation in 2009 rendered the offence of slander or lying “invalid.”

“Article 69 of the constitution prohibits application and interpretation of fundamental rights under the constitution restrictively,” the statement explained, adding that article 68 requires the interpretation of fundamental rights “in accordance with prevailing practices in democratic countries.”

Meanwhile, following his interrogation Dr Jameel tweeted: “Nasheed is relying on archaic laws to suppress opposition voices but he calls himself a democrat.”

The former Civil Aviation Minister under President Nasheed also alleged that police were continuing to “harass me and I am expecting to be taken illegally at any time.”

According to local media reports, Sandhaanu Didi has been summoned to the police headquarters again at 8.30pm tonight.

“Racist, bigoted and anti-Semitic”

Sandhaanu DidiAppearing on opposition-aligned private broadcaster DhiTV last week, Sandhaanu Didi had alleged that the government was “operating under the influence of Christian priests” and had been “attempting to spread irreligious practices and principles in the country.”

In response, the President’s Office issued a statement on Thursday condemning the remarks as “racist, bigoted and anti-Semitic.”

“The DQP is playing politics with religion. They are siding with religious extremists to wage a campaign that is racist, anti-Semitic and deeply unpleasant, in an effort to damage the government. I condemn the DQP, its leader Dr Hassan Saeed, and the council members involved for their disgraceful behaviour” Zuhair said at last week’s press conference, where he announced the government’s decision to ask police to investigate the pair along with DhiTV.

Zuhair added that opposition parties were “stooping to the politics of the gutter… out of political desperation”, pointing to a string of victories in recent by-elections for the ruling Maldivian Democratic Party (MDP) “and the success of government policies, such as universal free health insurance, which was introduced on January 1.”

“The outburst by the DQP council members is the latest in a torrent of intolerant slurs made by opposition parties in recent weeks, in an apparently co-ordinated effort to undermine the government’s moderate Islamic stance,” the President’s Office statement reads.

On December 23, opposition parties and a coalition of NGOs organised a mass demonstration to ostensibly ‘Defend Islam’ and accuse the government of an hidden agenda for securalisation.

“Slander and bald-faced lies”

In his weekly radio address yesterday, President Nasheed insisted that the government “did not wish for the slightest disruption to freedom of expression” and would not react to criticism with police action.

“However, when deliberate slander is spread about the government to mislead the public – especially the false claim that the government is trying to introduce other religions in the Maldives – in my view, the government has a responsibility to clear its name and refute the allegations,” he explained, reiterating that neither the ruling party nor the government “would ever attempt to bring another religion into the country.”

He added that the government should take action against deliberate falsehoods spread to “create discord between the public and myself, my party or this administration and cloud their view of the government.”

Meanwhile at last week’s press conference, Press Secretary Zuhair noted that the former government carried out an investigation while Dr Hassan Saeed was in the cabinet into MDP’s sources of funding and foreign backers, which cleared the fledgling party of alleged ties to Christian missionaries.

After declaring “unconditional” support for candidate Nasheed ahead of the second round run-off of the October 2008 presidential election, Dr Hassan Saeed said at the closing rally of the campaign that the anti-Islamic allegations were “bald-faced lies.”

“The Maldivian government carried out efforts with funds from the Maldivian treasury, with money from the state budget and using experts from England to see if there was any connection between Mohamed Nasheed or MDP to Christianity,” he revealed.

“They carried out a thorough inquiry. That project looked into whether MDP received funds from foreign parties to spread Christianity. But what did the inquiry the Maldivian government carried out with Maldivian funds show? There is no connection between Mohamed Nasheed or MDP to Christianity.”

Dr Saeed’s running mate in 2008, former Foreign Minister Dr Ahmed Shaheed explained in an interview with Minivan News in June 2011 that the previous administration hired UK security and private investigation firm Sion Resources in 2007 for a surveillance operation dubbed ‘Operation Druid.’

“The [Gayoom] government may have wanted to see what was going on. What these operations did was try to see who was who. And a lot of the operations the government felt were against it came from Salisbury, and I think the government of the day felt justified in engaging a firm to look into what was going on,” Dr Shaheed revealed.

“We’re talking about people who they had deported from the Maldives for proselytisation, people involved in all sort of activities. They felt they needed to check on that, and what came out was a clean bill of health. Nothing untoward was happening, and these people [MDP members working in exile] were by and large bona fide.”

The accusation from the Gayoom campaign that MDP and Salisbury Cathedral were conspiring to blow up the Islamic centre and build a church was “just a mischievous suggestion, a very mischievous suggestion,” Dr Shaheed said.

“Hassan Saeed and I – the last election rally we had, October 7 2008 or thereabouts, the last rally in our campaign against Gayoom, at the time everyone was accusing each other of being non-Muslim, and this accusation that the MDP was non-Muslim was getting very loud,” he continued. “So we came on stage and said we were former government ministers and that we were aware about this allegation against MDP and that Gayoom had hired a firm to look into this allegation, and that their report had confirmed there was no such connection to MDP. Both of us said this on record.”

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Supreme Court backs down from issuing ruling on legality of selling pork and alcohol

The Supreme Court has rejected the government’s request for a consultative opinion over whether the Maldives can import pork and alcohol without violating the nation’s Shariah-based constitution.

Pork and alcohol are prohibited items under Shariah law.

The judges unanimously rejected the case on the grounds that the matter did not need to be addressed at the Supreme Court level.

The Court did note, however, that pork and alcohol have been imported under provisions of the Contraband Act and that there is a regulation in favor of the trade. As no law has declared the regulation unlawful, the import of pork and alcohol is indeed legal, the court claimed.

Meanwhile, Article 10 of the Constitution states that “No law contrary to any tenet of Islam shall be enacted in the Maldives.”

The Constitution also states that any law not struck down by the courts is valid.

The government last week requested a consultative opinion from the Supreme Court on the matter to level a heated debate over the compatibility of resort tourism and Maldives’ national religion Islam, prompted by protests on December 23, 2011 in defense of Islam.

Responding to demands made of the government by the protesting coalition of religious NGOs and opposition parties, the government issued a circular closing spas in all resorts and announced it was considering a ban on pork and alcohol, in a move to align government policies with Islamic standards.

While the trade of alcohol is not conducted by the government, the government receives a significant profit of the trade from the Goods and Services Tax (GST).

In particular, opposition Jumhoory Party (JP) Leader and MP ‘Burma’ Gasim Ibrahim owns Villa Hotels resort chain and is allegedly one of the biggest beneficiaries of the alcohol trade.

A tolerant society with a dependent economy

Since resorts first opened in the Maldives in the 1970s, tourism has been the core of the island nation’s economy. To accommodate the industry as well as the national Islamic faith, in 1975 the Ministry of Economic Development regulated the sale of pork and alcohol to tourist establishments (Act 4/75).

While there is no regulation or set of guidelines specific to spa operations in resorts, Article 15(a2) of the Goods and Services Tax Act stipulates that spas are legally accepted in the Maldives as tourism goods, and therefore may be operated in compliance with tourism regulations.

After its formation in 2009 the Parliament had nine months to reject any legislation which did not conform with the Constitution.

Parliament did not reject the regulation on the sale of pork and alcohol in 2009, thus allowing it to stand by default.

Speaking to Minivan News last week, Attorney General (AG) Abdulla Muiz believed that although the regulations were clear, legal clarification would mitigate concerns. He suggested that the recent debate has had more to do with internal politics than the oft-cited public preference.

“We are quite a tolerant society, although there a few elements which walk a hard line,” he observed. “I don’t think there is a public concern over the sale of alcohol and pork in resorts.”

The AG pointed out that the majority of the nation’s citizens are primarily interested in the quality of their daily life. He added that the population of 350,000 is annually trumped by the over 700,000 tourists would come to- and invest in – the Maldives.

“If there is a decision prohibiting the sale of alcohol in the tourism sector, it will have a great impact on the economy. The 2012 State Budget of Rf14 billion [US$946.8 million] is very much based on the estimated revenue from the tourism sector. And the government has obligations to investors–it has leased 100 resorts and awarded 5o to 60 islands for development. I hope the Supreme Court will take the economy into account,” he said prior to the Court’s decision.

Muiz said a court ruling would assure investors that the current system is valid.

A problematic profile

Two months ago, protestors demanded that UN Human Rights Chief Navi Pillay be “slain” for her comment against flogging as a punishment for extra-marital sex. One month ago, the coalition formed by religious groups and opposition parties for the “defend Islam” protest called for stricter regulations in keeping with Shariah law, notably stricter regulations on the sale of pork and alcohol and the closure of massage parlors “and such places where prostitution is practiced.”

International media subsequently reported the story with varying degrees of accuracy, presenting a Maldives starkly different from widely-marketed white sand and turquoise waters.

Noting that the tourism sector had suffered many cancellations in past weeks, MATI Secretary General Sim Ibrahim Mohamed previously pointed out that “people get jittery when you talk about fundamentalism, radicalism, extremism–since 9/11 these have been very sensitive words.”

Speaking to Minivan News last week, religious conservative Adhaalath Party chief spokesperson Sheik Mohamed Shaheem Ali Saeed said, “Maldivians are very nice people, you don’t see any country like the Maldives in the Islamic world, so why would we want to damage these people? These are Muslim people and they like moderate views.”

Calling tourism “the backbone of our national economy”, Shaheem said he was “100 percent sure there is no prostitution in the tourism industry here. It is very professional, it is the most famous tourism industry in the world and is accepted by the international community. Why would we want to attack ourselves?”

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Foreign Ministry calls for investigation of attack on silent protest

The Foreign Ministry has called on “relevant national institutions”, including police and the Human Rights Commission of the Maldives (HRCM), to investigate allegations of violence that led to the hospitalisation of blogger Ismail ‘Hilath’ Rasheed on December 10.

The statement came in response to Amnesty International’s expression of alarm at the government’s failure to prosecute a group of men who attacked the blogger with stones for his participation in a ‘silent protest’ calling for religious tolerance. Images of the attackers were provided to police and posted online by the protesters, despite threats against them if they did so, however no arrests were made.

Rasheed was designated an Amnesty ‘prisoner of conscience’ after he was arrested and detained for 24 days while he was investigated for his role in the protest, and the content of his blocked blog which the Islamic Ministry had earlier deemed anti-Islamic. He was released on January 6 without charge.

In its response to Amnesty, the Foreign Ministry stated that Rasheed was “treated in full accordance with his human rights as guaranteed under domestic law”.

“The Constitution of the Maldives affirms that Islam is the religion of the State of the Maldives. The Constitution does not allow for freedom of religion,” the Foreign Ministry stated, observing that the Maldives “maintains a reservation [on the International Covenant on Civil and Political Rights] under Article 18 on freedom of religion and conscience.”

“The basis of the police investigation into Mr Rasheed’s blog was therefore reflective of and in accordance with domestic law and with the Maldives’ international human rights obligations,” the Ministry argued.

The Ministry noted “with concern” the attack on Rasheed, but criticised the protesters for failing to inform the authorities about the protest, “a step which would have allowed the police to maintain order and protect him and other members of the public.”

“The right to freedom of assembly is enshrined in Maldivian law. However, under the law, while it is not necessary to seek authorisation for assemblies from the authorities (in line with international human rights norms), it is necessary to inform the authorities so that protests can be effectively policed,” the Ministry argued.

“Mr Rasheed and others participating in the December 10th gathering did not comply with these legal requirements, a fact which unfortunately contributed to the breakdown of law and order on that day when the protesters were violently attacked,” the statement read.

Speaking to Minivan News this week following his release, Rasheed observed that prison conditions “have not changed since [former President] Gayoom’s time”.

The blogger was locked for three weeks in a small, three-sided room with 11 other people. Despite the opening there was no airflow, the room was unventilated and the fan in the room was broken, he said.

The room was so small and crowded it was impossible for 12 people to fully stretch out and sleep properly, and despite requirements that  inmates be allowed out for at least an hour’s exercise every day, no one was allowed outside during his detention, Rasheed told Minivan News.

The blogger also expressed concern that some of his fellow inmates had been remanded in custody for up to three months without charge pending police investigations, trapped in “legal limbo”.

In its statement, the Foreign Ministry said it “takes note of comments made by Mr Rasheed in the press regarding mistreatment while in detention.”

“The Foreign Ministry notes in this regard that, as a State Party to the Convention against Torture (CAT) and its Optional Protocol (OPCAT), a national mechanism exists to investigate such claims and related issues such as conditions in places of detention – namely the National Preventative Mechanism (NPM).

“The Foreign Ministry therefore expresses its confidence that the NPM will immediate look into the claims made by Mr Rasheed and will publish its independent findings.”

The Ministry concluded by “welcoming” Amnesty International’s “interest in and engagement with human rights issues in the Maldives.”

“The government has a strong and positive relationship with Amnesty International at both a domestic level and at the level of the UN, and looks forward to a continued constructive dialogue with them and with other international human rights NGOs.”

President Mohamed Nasheed was himself designated a prisoner of conscience during his incarceration by the former government.

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Accountability of political accounts not so clear: Transparency

Transparent political financing in the Maldives is moderately but unspecifically supported by legislation, however in practice political parties and candidates can easily manipulate funding with little consequence and leaving no clear trail of public accountability.

“In the Maldives political financing is mainly viewed as a book keeping and procedural issue rather than as an issue of accountability to one’s constituency that directly affects the level of democracy within the system”, reads the report.

“Transparency in Political Financing in Maldives” is part of the Crinis Project, a joint effort between Transparency International and the Carter Center that began in Latin America in 2006, and has since been executed in Indonesia, Bangladesh and Nepal.

Using surveys, interviews and analysis carried out between November 2010 and April 2011, the project measures 10 “dimensions of transparency” in the financial reporting practices of nine political parties, 15 MPs, eight presidential candidates from the 2008 elections, and various donors. Official legislation was jointly analysed.

Ratings for both ‘Law’ and ‘Practice’ were measured on a scale of 0 to 10, where 10 indicates full compliance with standards of transparency and accountability and 0 indicates no compliance.

The project distinguishes between non-electoral funds, campaign funds, and funds received and managed by candidates independent of their parties.

The Maldives ranked 4.6 on the Crinis Index overall, qualifying as “average”. With ‘Law’ rated at 5.1 and ‘Practice’ rated at a lower 4.1, the report notes that “there is much room for improving both the legal framework on political financing and political financing practices in the country.”

Average aggregate scores in the categories State Oversight, Prevention (of manipulation), Disclosure (of information to the citizens), and Reliability, Depth and Scope of reporting leveled the total score at 4.6, the report states.

However, the majority of these categories barely reached above the ‘Insufficient’ rating, with Non-State Oversight and Sanctions, or penalties for non-compliance with the legal framework, received the lowest scores.

The only category to qualify as “good” (6.8-10) was Book Keeping, scraping in with the minimum score of 6.8.

In each category the Maldives’ legislation for political financing qualified as ‘average’ with a median score of 5.7. However the law was not rated for Reliability as it was a perception-based dimension, or for Non-State Oversight, as there is no mechanism stipulated in Maldivian law.

Practices in political financing were generally found to be‘insufficient’, notably in the categories of Reporting, Disclosure, and Prevention. Sanctions (1.0) and Non-State Oversight (1.2) scored the lowest.

Comparatively, Book Keeping and Scope (of reporting) scored positively with ratings of 7.5 and 8.4, respectively.

The report observes that the Maldives only introduced multi-party democracy in 2005 and did not have an independent elections commission (EC) until 2008.

Although reporting to the EC is mandated by law, the study finds that the legal framework enforcing this mandate ranks only at 4.5 on the Crinis scale. In practice, reporting received a score of 3.3 (insufficient), as “parties do not specify separate sources and amounts of funding” when they do report and “in most cases, the absence of the standardised reporting format also leads to inconsistencies on the information provided by parties.”

Moreover, information is poorly disclosed to the public. In the category of measures which prevent abuse of resources and conflicts of interest, the study ranked party behavior at 2.8  and practice at 3.2–both insufficient rankings. Meanwhile, the law scored an average ranking of 4.7.

“The Regulation on Political Parties does not require political parties to conduct their financial transactions through a bank account; nor is there a provision in the law prohibiting the acceptance of cash donations; nor is there an upper limit to cash donations which parties are allowed to accept,” the report states. “Since parties are not required to conduct all its transactions through a bank account, there is no way for Elections Commission to verify that parties have reported all of its income and expenditures, nor can the Elections Commission verify that parties have not accepted types of income which are prohibited by law.”

The report points out that the system of political financing is interdependent. “For example, the public’s access to financial reports depends on whether political actors submit reports to a state oversight agency. Such disclosure, in turn, is nearly impossible to obtain if parties lack an internal book-keeping system.

“As such, transparent political financing is not guaranteed even if the proper operation of one or two of these dimensions is confirmed in practice”, the report states.

The effort involved in assembling the report further highlights the system’s weaknesses.

“We had quite a bit of difficulty getting information from almost all sources,” said Project Coordinator Ma’rifa Hassan. “After a long time of asking and waiting for donors, political parties and politicians” to respond to inquiries, she said most information came from the EC “because they’re the only ones with the financial records”–in itself a surprise.

Of the fifteen candidates approached, Hassan said, only one provided a single set of records. “The rest just said ‘you can get it from the EC, we do not have it anymore.’ Our impression is that once the campaign is over and they’re elected, they don’t care about the financial aspects,” she said. “In my opinion, it’s quite absurd that a lot of political parties or campaign candidates claim they do not have those records.”

Approaching the EC was a struggle as well.

“Just getting the first appointment to explain our project was very difficult,” said Executive Director Ilham Mohamed.

Once allowed to access the information, researchers found that they had to sit with an official to look over the records, and could only copy the information by hand. “The average citizen, public official or a journalist is not going to have the drive or the time to wait and wait for an appointment, and then have to copy everything by hand,” she observed. “These things should be available, and people shouldn’t have to justify why they want to see the records in the first place.”

The team conceded that the research collided with the primary elections, and that the EC was understandably busy at the time.

Aside from their own experience, the team took the pulse of the public’s interaction with the information.

Sending out 14 volunteers from the public with a list of information to obtain, the team examined the level of proactive disclosure among donors, politicians, political parties and the EC. According to the team, none of the volunteers were able to obtain any information.

The team affirmed that the lack of transparency and accountability in political financing supports the recent finding that 90 percent of Maldivians believe that “corruption has increased” or remained level in the last three years and perceive parliament as the “most corrupt” institution, as stated in Transparency’s recent report “Daily Lives and Corruption: Public Opinion in Maldives”.

“Asking about a party’s financial records and spending practices also labels you as suspicious,” Mohamed pointed out. “A majority of people we interviewed saw this as a privacy issue. But if you’re spending money or taking money from a budget to be elected to a public post, then it is a public matter. You’re privacy stops there.”

The team observed that although the country scored ‘average’ for its laws and clauses, “the objective of having those laws and clauses is not achieved. The EC is required by law to facilitate public access to records, but it doesn’t specify how.”

The Elections Commission received the brunt of the report’s constructive criticism, along with Parliament. The report charged the EC with streamlining and enforcing the reporting methods to be used by political parties and between parties, the EC and the public. Meanwhile Parliament was tasked with amending legislation to make financial transactions among political parties and electoral candidates more transparent, for example, by requiring that all transactions be done through a specific bank account.

Other recommendations included consistent and balanced media coverage and work by civil society organisations to inform the public of political financial operations. Political parties were tasked with reporting clearly to the public and the EC in a timely manner.

“Basically, we have a lot of work to do”, the Transparency team concluded.

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Government to cease issuing work permits to Bangladeshi nationals, launches registration effort

The Maldivian government has halted the issuing of new work permits to Bangladeshi nationals and will begin registering the biometric details of all expatriate workers, in an effort to combat rising human trafficking. Employers will also be advised to cease withholding the passports of foreign nationals.

Foreign Minister Ahmed Naseem, Human Resources Minister Hassan Latheef and Home Minister Hassan Afeef announced the measures at a joint press conference on Wednesday, together with the Attorney General.

The government will begin registering the details of Bangladeshi nationals from March 31, using a new database developed by the National Centre for Information Technology (NCIT). This registration will eventually be extended to expatriate workers of all nationalities, who make up a third of the Maldives’ population.

Police and the Maldives National Defence Force (MNDF) would assist with the registration process, the ministers explained.

Latheef said that the decision implemented recommendations in the as-yet unreleased report produced by the MNDF after it took over counters at immigration and the labour department for two weeks in July 2011.

That investigation unearthed an industry worth an estimated US$123 million and a chain of paper companies being used by unscrupulous recruitment agents, who solicit labourers from mostly Bangladesh with the promise of well-paid jobs in the Maldives, confiscate their passports, and either abandon or offer them different, poorly paid jobs on arrival.

Head of the Commercial Crime Unit, Inspector Mohamed Riyaz, revealed at the time that police had seized 4000 passports confiscated from trafficked workers during the two week takeover, and that two of the seven bogus companies identified as trafficking workers, Ozone Investments Pvt Ltd and Arisco Maldives Pvt Ltd, had brought in 3000 workers between them.

Using the fake companies, the traffickers fraudulently obtained work permit quotas for non-existent projects from the Human Resources Ministry by stealing the identities of unwitting, bribed or complicit Maldivians, or even the deceased. Police had received many complaints about such forgeries from the confused third party, Riyaz said.

Many of the quotas requested from the Human Resources Ministry had been approved despite obvious warning signs such as the importing of construction workers for specialised IT projects, he noted.

Foreign Minister Ahmed Naseem referred Minivan News to the Anti-Corruption Commission (ACC) when asked for comment as to the extent that corruption had allowed the practice to thrive.

“We are deeply involved in this and are taking steps to counter [human trafficking],” Naseem said.

Prosecuting traffickers was difficult because many victims were reluctant to come forward because of their illegal status, he said.

“Many will not seek legal recourse even if puts them in a very difficult situation,” he observed. “They have sold everything to come here.”

Latheef told Minivan News that the government would extend a part amnesty to the estimated 20,000 illegal workers in the country, inviting them to register and seek employment from a willing sponsor, and legalise their presence in the country.

“They will be given a second chance to register and try to find a local employer,” he said. “But if they have no employment, they will have to leave.”

The government has also submitted a bill on human trafficking to the parliament. A report into the practice was due to be released Human Rights Commission of the Maldives (HRCM) on Human Rights Day, December 10, but has not yet appeared.

Minivan News in 2010 reported a steep rise in human trafficking, which was calculated to eclipse fishing as the second largest contributor of foreign currency to the Maldives after tourism.

That same year, the United States’ State Department placed the Maldives on its Tier 2 Watchlist for Human Trafficking, following a report that Bangladeshi workers were being exploited in high numbers by fake companies promising work permits.

In December 2011 the Maldives was admitted to the International Organisation for Migration (IOM), another significant step towards improving the welfare and lifestyle of migrant workers.

However racism, mistreatment and intolerance towards expatriate workers remains widespread in Maldivian society.

At a meeting in June 2011, members of the Male’ City Council  offered solutions to “the nusiance and bother of expatriates [congregating] at the Republic Square” in the capital.

“[Mid-Henveiru Councillor] Lufshan [Shakeeb] noted that foreigners at the Republic Square were damaging the grass in a number of ways and said that the area should be walled off with a tin fence and cleaned,” read the minutes.

The discussion came under an agenda item titled “Making a decision on the nuisance and bother of Bangalhun [derogatory term for Bangladeshis] at the Republic Square and the problem of Bangalhun sleeping inside the old museum at Sultan Park.”

Machangoalhi South Councillor “Jambu” Hassan Afeef meanwhile claimed that expatriates were “committing indecent acts” behind the National Museum site and other open spaces in Sultan Park, recommending that the grounds be closed to the public.

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Maldives ranks first in Asia/Pacific for education spending and divorce rate: OECD report

The Maldives has the highest divorce rate and ranks number one in the Asia Pacific region on education spending as a percentage of GDP, according to the ‘Society at a Glance: Asia/Pacific 2011’ overview of social indicators released by the OECD (Organisation for Economic Cooperation and Development) last month.

The Maldives spends the highest proportion of GDP on public education (8.1 percent) across the Asia/Pacific region, the report found, which was four times higher than countries such as Cambodia and Myanmar.

The Ministry of Education’s expenditure in 2011 amounted to Rf1.7 billion (US$110 million).

Maldives was also among developing Asia/Pacific nations that experienced rapid declines in fertility rates, slowing down in 2008 to fertility rates comparable with OECD countries.

The divorce rate in the Maldives is meanwhile “three times higher than the average of the Asia/Pacific countries and economies.”

A four percent decrease in the marriage rate was however the sharpest decline in the region, while a five percent rise in divorce rates was the fastest.

On the level of employment, the Maldives ranks alongside Sri Lanka and Indonesia where “more than one in four economically active young people is unemployed.”

Moreover, female unemployment in the Maldives “is more than three times the male rate.”

The pension system meanwhile covered 24 percent of the labour force and 16 percent of the working age population.

The report noted that Maldives, along with Vietnam and Thailand, was not far behind Australia in the percentage of pre-school children attending an early education programme. However, similar to Tajikistan and Laos, Maldives has “a slightly higher attendance for boys.”

Average years of total schooling in the Maldives as of 2010 was 6.1, well below the OECD average of 12.7.

Of the population indicators measured in the report, the gender ratio in the Maldives was 103 males per 100 females.

Life expectancy at birth of the total population between 1990 and 2008 was 71.6 years, slightly higher than the Asia/Pacific average. Japan was ranked first with 82.6 years.

As of 2008, infant mortality rate per 1,000 live births was 12.7, higher than the OECD average of 4.6.

On the availability of water and sanitation, 98 percent of the population had access to the utility services.

Suicide rates in the country was the fourth highest in the region at 22.4 (deaths per 100,000).

Voter turnout meanwhile averaged at 71 percent. However 85 percent of the population voted in the historic presidential election of October 2008.

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Prison conditions “unchanged since Gayoom’s time”: detained blogger

Amnesty International has welcomed the release from prison of Maldivian blogger and journalist Ismail ‘Khilath’ Rasheed last Friday, whom the organisation had designated a ‘prisoner of conscience’, but expressed alarm at the government’s failure to prosecute his attackers.

Rasheed was jailed for 24 days in Male’ Custodial following his participation in a ‘silent protest’ on December 10, 2011, International Human Rights Day, calling for religious tolerance.

During the protest at the Artificial Beach he was attacked by several men armed with stones, and was hospitalised with head injuries. He was subsequently arrested on December 14.

“While the release of Ismail Khilath Rasheed is a welcome development, the fact that his attackers have not been investigated points to a serious failure of the government to end impunity for human rights abuses in the country,” said Abbas Faiz, Amnesty International’s Maldives researcher.

“Instead of defending his right to advocate religious tolerance, the government locked Ismail Khilath Rasheed up and have done nothing to bring his attackers to justice – thereby sending a message to the public that crushing a peaceful demonstration is acceptable,” he said.

Amnesty observed that radical religious groups in the Maldives were advocating that “only Sunni Islam is allowed under the constitution”, noting that opposition politicians had sided with these groups “in a political campaign against the President”.

“It is time for the Maldives government to bring to justice all perpetrators of human rights abuses – past and present – including those who attack religious minorities. The first step in this process should be to carry out an independent, impartial and effective investigation of those who used violence against Ismail Khilath Rasheed and other demonstrators on 10 December,” Amnesty declared.

In November 2011 Rasheed’s blog, www.hilath.com, was blocked by the Communications Authority of the Maldives (CAM) on the order of the Ministry of Islamic Affairs, on the grounds that it contained “anti-Islamic” material.

Reporters Without Borders (RSF) has also issued a statement on Rasheed’s release, but expressed concern about the ongoing blocking of his blog on the order of the Ministry of Islamic Affairs.

“The journalist’s unlawful detention is a reminder that it is impossible to establish a totally free press so long as the government subjects itself to religious extremism, as displayed by the Islamic Affairs Ministry,” RSF said.

“Religion is becoming a taboo subject in the Maldives and media workers are under threat of imprisonment every time it is debated.”

“Just like Gayoom’s time”

Despite the Maldives’ international stand on human rights issues, the prisons “remain unchanged since Gayoom’s time”, Rasheed told Minivan News, following his release.

During the police investigation of his involvement with the protest, the blogger was locked for three weeks in a small, three-sided room with 11 other people. Despite the opening there was no airflow, the room was unventilated and the fan in the room was broken, Rasheed said.

The room was so small and crowded it was impossible for 12 people to fully stretch out and sleep properly, and despite provisions requiring inmates be allowed out for at least an hour’s exercise every day, no one was allowed outside during his detention, Rasheed said.

Inmates had to summon the duty officer to be taken to the toilet, which did not flush. There was no shower, and inmates washed themselves by filling a bucket at the water basin, which was also used to flush the toilet. Inmates in other cells with attached toilets were not allowed out at all.

The prisoners had no bedding apart from a small pillow, and slept on the tiles. Every three days they were given a small amount of detergent to wash the floor of the cell.

Rasheed said that the Prosecutor General (PG)’s office visited once during his detention and observed that prisoners were not being properly treated.

“There were no medical facilities, or means of treating heroin addicts going into withdrawal. One of my cellmates had a [withdrawal] fit and we had to put a slipper in his mouth [to stop him swallowing his tongue],” Rasheed said. “I held his hand.”

Most of the cell’s occupants were awaiting prosecution for drug offences, muggings, theft, and for carrying weapons.

“People had been in there for three months and were very frustrated, and were venting that frustration against the government. The Constitution sets limits to people’s detention, but people are in limbo. One guy accused of murder has been in there for 1.5 years, and still his case has not been sent to the PG’s office for prosecution,” Rasheed said.

The blogger was presented to the court following the expiration of the first 24 hour detention period.

“The investigating officer stated that I was the organiser of the protest and should be detained as I was disrupting the religious unity of the Maldives, and was a threat to society,” Rasheed said.

Police also presented Ali Ahsan to the court, developer of the December 23 protest website which had briefly published slogans calling for the murder of “those against Islam”.

Police argued that Ahsan’s release “could endanger Maldivian religious unity and even threaten life” and requested the court grant a 15-day extension of his detention.

Ahsan’s lawyers however argued that the slogans had been uploaded by hackers, and the website developer was released. Rasheed’s detention was extended by 10 days.

After 10 days in custody, Rasheed was again presented to the court.

“The investigating officer told the judge he had reason to believe I had no religion at all, and that I was promoting gay rights, and therefore my case could be concluded only after the Islamic Ministry provided me with counseling to bring me back to Islam,” said Rasheed, who self-identifies as a Sufi Muslim.

The magistrate extended Rasheed’s detention a further 15 days.

On Friday January 6, two days before he was due to be released, Rasheed was told that his case had been sent to the Prosecutor General’s office and that he was free to go.

“The day I was released a different investigating officer said I had been put in prison for my own protection – the same thing my family had been told. He said they had intelligence suggesting that a gang of brainwashed extremists were out to kill me and anybody identified as associated with the protest.”

Rasheed said he now fears for his safety and is unwilling to walk around Male’.

“The majority of Maldivians are not violent people. But I am concerned about a few psychotic elements who believe they will go to heaven if they kill me – people who don’t care if they go to jail for it. Those people I am afraid of, and I will not provoke the country in the future.”

Rasheed’s blog remains blocked, but he says he is unwilling to risk his own safety by resuming blogging anyway.

“The [silent protesters] made their point, which was in no way anti-Islamic,” he said. “Their point was: the majority of people want to eat apples, but a minority want to eat oranges. We said we have no problem with anyone eating apples, but let us eat oranges.

“We said nothing about trying to get people to leave Islam. Everyone should be able to think and practice and follow what they feel personally, and Islam teaches tolerance. Extremists twist this around, and equate it with apostasy – and call for those who leave Islam to be killed.”

Rasheed said he felt that the majority of Maldivians disagreed with extremism, and were generally “a very laid-back, moderate people who want a peaceful life. They are concerned about disruption to families and society, rather than other religions or beliefs.”

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Audit report finds discrepancies in Economic Development Ministry finances

An audit report of the Ministry of Economic Development for 2010 released this week found large discrepancies between the ministry’s internal records and the general ledger kept by the Ministry of Finance and Treasury.

The report noted that the Economic Development Ministry did not “identify and reconcile” discrepancies of over Rf6 million (US$389,105) in income and Rf8 million (US$518,806) in expenditure between its accounts and the finance ministry ledger.

In a recurring finding of audits of state institutions for 2010 recently completed by the Auditor General’s Office, the report noted that the ministry did not compile its financial statement in accordance with ‘International Public Sector Accounting Standards’ (IPSAS) as stipulated by regulations under the Public Finance Act, and as a result lacked important information such as detailed “disclosure notes”.

The annual financial statement did not specify how Rf1 million (US$63,850) allocated for the trade representative in Geneva was spent, the report stated.

With the exception of five main issues identified for reform, the audit report found that the ministry’s expenditures were “for the most part in accordance with state financial regulations and for projects specified in the budget.”

Among the recommendations were: comply with IPSAS for future financial statements; issue receipts for all cash collections; obtain quotations from at least three parties for procurement ranging between Rf1000 and Rf25,000, invite bids for purchases above the limit and ensure that an employee signs for goods and services; improve inventory and stock maintenance and account for a lost laptop; ensure expenditures are made under the appropriate budget code.

In other findings, the report noted that renovation work on the ministry’s new offices went over budget by Rf179,629 as a result of poor planning and insufficient instruction to the carpenter chosen for the work. Moreover, the same carpenter was employed for the additional work without a public announcement to seek quotations from other parties.

The report also recommended depositing fees and other income collected by the ministry to the state’s consolidated revenue fund in lieu of sending the cash to the Maldives Inland Revenue Authority (MIRA), which incurs a high cost, takes up employees’ time and risks loss of the money during transfer, the report stated.

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