International Organisation for Migration admits Maldives in bid to improve worker welfare

The Maldives was yesterday admitted to the International Organisation for Migration (IOM) in a significant step towards improving the welfare and lifestyle of migrant workers.

The Maldives joined the IOM with thirteen other states during the 2011 IOM Council in Geneva this week, raising total membership to 146 nations from all global regions.

This year’s session also marks IOM’s 60th anniversary. The organisation currently runs 2,900 projects in over 400 field locations. It’s 2010 expenditure exceeded US$1.4 billion.

IOM was established in 1951 as an inter-governmental organisation which supports orderly management, international cooperation, practical solutions and humanitarian assistance among countries addressing migrant issues, particularly those dealing with refugees and internally displaced people.

The Ministry of Foreign Affairs stated in a press release that “IOM experts have already begun work with the Maldives Government to help with the better management of migration in the country – especially in the context of the large numbers of migrant workers in the Maldives.”

Minivan News recently reported a steep rise in human trafficking, which was earlier calculated to be the second largest contributor of foreign currency to the Maldives at US$123 million.

In 2010, the United States’ State Department listed the Maldives second 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.

This year 308 cases have been reported to police involving expatriates leaving their sponsors, and more than 4000 passports belonging to illegal migrants have been found.

Thirty-five police officers were subsequently trained trained to combat human trafficking, and took part in the workshop ‘Integrated Approach to Combating Trafficking in Persons’, organised by the IOM.

Maldives Ambassador to the UN in Geneva, Iruthisham Adam, said IOM membership was an honor for the Maldives.

“The Maldives is in the particular situation of being a Small Island Developing State, until very recently a member of the UN’s Least Developed Country category, which nevertheless is a major destination country for economic migrants.”

Economic migrants primarily from South Asia account for approximately one quarter of the country’s population, she noted.

“The Maldives greatly values the contribution they have made and continue to make to our economy and society,” said Adam. “However, the situation also raises a range of challenges, especially relating to our human, technical and financial capacity to manage such population movements.”

Adam said IOM membership would provide valuable support and expertise to the Maldives as it strives to manage internal and external migration “in a way which fully benefits the migrants themselves and the wider Maldivian society.”

Welcoming the Maldives’ membership, IOM Director General Ambassador William Lacy Swing praised the government for raising awareness of the effects of climate change on Small Island Developing States.

Other new members are Ethiopia, South Sudan, the Holy See, Antigua and Barbuda, Chad, Comoros, Djibouti, Guyana, Micronesia, Mozambique, Nauru, the Seychelles and Vanuatu.

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Independent institutions raise concerns over budget cuts

Several independent institutions, including the Maldives National University (MNU), have raised concerns over cuts made by the Finance Ministry to their proposed budgets for 2012.

The program-based budget submitted by some of the institutions was revised by the Finance Ministry to maintain recurrent expenditure in line with projected income.

The Rf 14.6 billion (US$946.8 million) state budget for 2012, was submitted to parliament on November 28 by Finance Minister Ahmed Inaz. It is now being reviewed by parliament’s budget review committee headed by local business tycoon, MP Gasim Ibrahim.

The committee met with senior officials of the Local Government Authority (LGA) and the MNU this week, as well as several other institutions, during which they  complained about cuts made by the Finance Ministry during the revision process prior to the submission to parliament.

MNU Chancellor Dr Musthafa Luthfy told the budget review committee that the initial budget proposed by the university was Rf191 million (US$12 million), which was reduced to Rf174 (US$11 million) on the Finance Ministry’s request.

However, according to Dr Luthfy, the ministry then cut down the university’s budget by a further by 22 percent, reducing the total budget for 2012 to Rf136 (US$9 million) – which he noted was “too small to run the university development programs planned for next year”.

He also said the university would be unable to hire qualified professors, and that new courses starting in 2012 would be negatively affected.

Local Government Authority (LGA) members said the Finance Ministry had downsized the proposed budget by 63 percent, reducing it to Rf13.8 million. Major reductions were made to the budget allocated for training and salary items.

According to the authority, the budget cuts will bring forth several problems in consolidating the decentralisation process.

Meanwhile, the budget proposed for two city Councils has also been reduced. Though a total budget of Rf295 million (US$19 million) was proposed by Male City Council, it was reduced to Rf140 million (US$9 million) and the proposed budget for Addu City Council was cut down by Rf100 million (US$6.5 million) leaving only Rf69.3 million (US$4.5 million).

Members from both City Councils have been quoted in local media as saying the cut backs would hinder city development plans and would cause the Council to fall behind in delivering services. They have asked the parliament to revive the amount.

Speaking to Minivan News, Deputy President of the Anti Corruption Commission (ACC), Muaviz Rasheed, said that the commission needs a minimum Rf27.7 million (US$1.8 million) for 2012 to smoothly run the office, provide training and conduct investigations.

However, the Finance Ministry had allocated Rf22 million which was Rf5 million less than the proposed budget, and slashed the staff training budget to “zero”, according to Muaviz.

“We need to provide professional training to staff to develop their investigation skills. There are also ACC employees who are gaining professional education abroad who are contracted to continue work here upon their return. But with no training budget, we won’t be able to continue financing their education. It would be a great loss to the institution,” he said.

With mounting concern from several institutions about the budget cutbacks, the parliament committee is expected to revise the budget before submitting it to the floor for final vote.

Finance Minister Ahmed Inaz told Minivan News today that the ministry is currently discussing “budget concerns” and will make a formal statement on Tuesday.

During the budget introductory statement he made at the parliament, Inaz said the program-based budget was prepared with special focus on producing results and maintaining recurrent expenditure in line with income.

“The programs included in the budget are based on the Strategic Action Plan,” he explained. “Special attention has been given in the budget programs to provide adequate and quality service to the public. The government’s aim is to match up the figures in the budget with development plans and ensure that all state expenditure is made to achieve a stated target.”

Steering committees have been formed to oversee the 31 programs in the budget, Inaz continued, urging MPs to also evaluate the progress of implementation over the course of the year.

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GMR dismantles Alpha duty-free

GMR officials yesterday began to physically remove the Alpha MVKB Duty Free Shop at Ibrahim Nasir International Airport (INIA) after “several notices” to vacate the area were “ignored”, according to GMR’s Head of Corporate Communications, Mahika Chandrasena.

MVKB shop assistant Mohamed Nishwan told local newspaper Haveeru that GMR officials entered the shop around 2:00pm and began packing goods into boxes. They also began disassembling temporary wooden walls which were erected in late November to signify that the shop, which sells alcohol, cigarettes, and watches, was closed.

Customs officers arrived at 4:00pm to stop the disassembly, Haveeru reports.

Chandrasena said the shop’s owner had ignored numerous notices to vacate  the premises, to the point that that they were blocking development at INIA.

“The gentleman was supposed to vacate by a certain date and he didn’t. We had to close the shop because we have deadlines to re-vamp the duty free area. GMR gave him a lot of time and postponed the deadline several times, but he refused to leave and we had to physically remove the shop.”

Chandrasena said she understood that Customs intervened because of the presence of alcohol among the shop’s stock. “They needed to make sure it didn’t leak into Male’. That’s Customs’ purview,” she said.

One area of the shop has been vacated but GMR is now waiting for the shop owner to remove the rest.

“This is nothing to do with him personally, but we have deadlines we need to meet on our renovation,” said Chandrasena.

GMR’s action was supported by a ruling from the Civil Court, however Alpha MVKB had appealed the ruling in the High Court.

Police Sub-Inspector Ahmed Shiyam said police supported customs officials in the operation.

“We advised GMR to follow Customs’ procedures. There was some dispute but no confrontation,” he said.

Customs Director Ismail Nashid could only confirm that the contents of a duty-free shop were under Customs’ purview and that any disagreement over the shop was between Alpha MVKB and the landlord, GMR.

“Duty-free goods are Customs’ responsibility, and we will be involved in the process of opening or closing duty-free shops,” he said. “As for the goods involved, there are several options for the shop owner to choose from including importing the stock to the Maldives or selling it internationally.”

Nashid confirmed that the shop is not currently in operation, but said the decision to remove the shop from the airport would be made by GMR.

Alpha MVKB Managing Director Ibrahim ‘MVK’ Shafeeq today told Haveeru that GMR’s management style was “dictatorial” and “backed by someone.”

“We’re now seeing a foreign party trying to overtake us. How can they enter duty free shops like that and take out the goods? It shows that they have the power and that they’re operating with backing from someone,” he said.

The airport renovation is the single largest foreign investment in the Maldives at US$400 million. GMR is upgrading the old terminal ahead of completing construction of the new terminal in 2014, and will operate the airport for 25 years under a concession agreement signed last year with the government.

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Media monitoring report hints at bias of local media

Transparency Maldives has published a report monitoring the performance and bias of six media outlets between March 23 and April 4 of this year.

The six outlets evaluated were DhiTV, MNBC One and VTV (television), and Haveeru, Miadhu and Minivan News (print).

News content produced by these outlets during the reporting period was categorised by subject (corruption, politics, human rights, etc), the air time and centimetres of coverage recorded, and the tone assessed (positive, negative, neutral).

This was reported by three people who ranked the connotations of words and pictures from positive to negative on a scale of 1-5.

Transparency Maldives observed notable limitations in the report, most significantly the small time period (two weeks) of monitoring. There was also no analysis of the order of news stories indicating the priority of subjects to the Maldivian press, or the omission of coverage.

Content was also subject to the news agenda of the short reporting period, and the subject matter of stories analysed did not incorporate stories relating to crime, gender or religion.

Key headlines on Minivan during the reporting period included: ‘Death of tourist at Kuredhoo Island Resort last year was accidental, finds UK inquest’,  ‘Parliament falling short of public expectations despite work rate, says Speaker Shahid,’ ‘Mahlouf calls on DRP supporters to shun “Thasmeen faction” rally’, ‘Blackmarket dollar crackdown won’t address demand, warn businesses, financial experts’, ‘Judges legitimised JSC’s actions with their silence’, and ‘Staff threw stones at intruder and left him in the water to drown, alleges Baros staff member’.

DhiTV

DhiTV was the first private television station to be registered in the Maldives in 2008, by local businessman Mohamed ‘Champa’ Moosa. It faces allegations from the ruling Maldivian Democratic Party (MDP) of favouring the opposition.

25 percent of DhiTV’s coverage of parliament and 36 percent of its coverage of government during the reporting period was negative. Other subjects with a high weight of negative coverage included President Mohamed Nasheed (41 percent),  Ahmed Thasmeen Ali’s faction of the opposition Dhivehi Rayithunge Party (43 percent), and the Maldivian Democratic Party (22 percent).

DhiTV’s most balanced coverage was of police, which was 80 percent neutral.

MNBC One

MNBC is a 100 percent government owned corporation that manages the assets of former state broadcaster Television Maldives (TVM) and Voice of Maldives (VOM). It is currently locked in a legal dispute for its assets with the Maldives Broadcast Corporation (MBC), a body created by the then opposition-majority parliament. It faces allegations from opposition parties of favouring the government.

Twelve percent of MNBC’s coverage of the government during the reporting period was positive,  and four percent negative (the remainder was neutral). 17 percent of the station’s coverage of President Mohamed Nasheed was positive and 83 percent was neutral – there was no negative coverage of the President during the reporting period.

All of MNBC’s coverage of the council, police and Adhaalath Party was neutral.

VTV

Villa TV (VTV) is owned and funded by local business tycoon and Jumhoree Party (JP) MP Gasim Ibrahim, and faces allegations of political bias due to the nature of its ownership.

VTV’s coverage of parliament was very neutral (90 percent), while its coverage of government during the reporting period was 35 percent negative.

Coverage of Ahmed Thasmeen Ali’s faction of the opposition (DRP) was overwhelmingly negative (67 percent), significantly more so than its coverage of the MDP (20 percent negative to six percent positive).

31 percent of VTV’s coverage of its owner’s Jumhoree Party (JP) was positive – only two percent was negative. The report noted that the space afforded the JP was “significantly high”.

Haveeru

Newspaper Haveeru is the largest national daily with a print run of 3000 copies. It was first published by Mohamed Zahir Hussain, who according to Transparency “has close ties with former President Maumoon Abdul Gayoom”.

Haveeru’s coverage of the government during the reporting period leaned towards negative (12 percent negative, 7 percent positive), and coverage of the MDP was almost twice as negative as positive (21 percent to 10 percent). Coverage of parliament was more negative (27 percent) than positive (nine percent).

Coverage of the DRP was 29 percent negative and only one percent positive. 46 percent of its coverage of Thasmeen’s faction was negative (to six percent positive), while its coverage of Gayoom’s faction was more balanced (32 percent negative, 13 percent positive). Coverage of the People’s Alliance (PA), founded by Gayoom’s half brother Abdulla Yameen, was 60 percent negative.

Twelve percent of Haveeru’s coverage of police was negative, compared to two percent positive.

Miadhu

Miadhu was founded by Ahmed Abdullah, the Minister of Energy, Environment and Water under the former government.

“Miadhu boasts a record of having no complaints about their publications so far, according to the Editor Abdul Latheef,” the report noted. Miadhu claimed to be circulating 3000 copies.

Miadhu’s coverage of the government was 17 percent positive and 19 percent negative, however its coverage of President Nasheed was weighted towards the positive (18 percent positive to 3 percent negative).

The newspaper’s coverage of the DRP was more significantly negative (12 percent) than positive (two percent).

Miadhu’s coverage of police, council, court and the elections commission was neutral.

Minivan News

Minivan News was analysed by Transparency alongside with print media, despite it being an online publication. Articles were printed and content physically measured in centimetres.

Initially established by the MDP in 2005 “due to the futility of attempting to cover [then] opposition news in the conservative media outlets that existed then”, Minivan News and the now defunct print publication ‘Minivan Daily’ met with strong interference from the former government, with several of its foreign reporters being deported.

“Many staff of Minivan were subjected to police intimidation, threats and harassment,” Transparency’s report noted, while the newspaper’s office in Colombo was raided by Sri Lankan police after it was falsely reported to be “a hub for dealing in arms.”

Following the change of power in 2008 the Minivan Daily newspaper was disbanded together with all funding from politically-affiliated sources. The Minivan News website was passed to a succession of foreign editors who attempted to establish it as a credible and objective source of news of the Maldives, and it has since relied on income generated through banner advertising.

Minivan’s coverage of the government during the reporting period was more significantly negative (19 percent) than positive (four percent). Coverage of President Mohamed Nasheed was generally balanced at 9 percent negative and 10 percent positive.

Minivan’s coverage of key institutions was overwhelmingly neutral, including the President’s office (100 percent neutral), High Court (100 percent), Supreme Court (100 percent), Council (100 percent), Local Government Authority (100 percent), Anti-Corruption Commission (100 percent) and parliament (98 percent). The exceptions were the Judicial Services Commission, of which coverage was 19 percent negative and 0 percent positive, and the Civil Court (44 percent of coverage was negative).

Coverage of the DRP inclined towards negative (34 percent) over positive (6 percent). Coverage of Thasmeen’s faction during the reporting period was 76 percent negative, while coverage of Gayoom’s faction was 23 percent negative. Coverage of the PA was 62 percent negative.

Minivan’s coverage of the MDP was slightly more negative that it was positive (8 percent to 6 percent respectively).

Transparency noted that Minivan’s coverage of the Adhaalath Party was 100 percent positive.

Recommendations

Transparency Maldives’ Project Director, Aiman Rasheed, acknowledged that the results were impacted by the key stories and news agenda of the short reporting period, “but even though two weeks is the minimum reporting period possible, you can already see the patterns emerge.”

Transparency’s Director Ilham Mohamed said media’s coverage in the week of the local council elections was also analysed, but said the results would be shared individually with media outlets as one week was too short a reporting period for a statistically-sound analysis. Transparency was considering expanding the project to include a longer monitoring period, she said.

Key recommendations in the report for media outlets included ensuring that journalists employed are provided with professional training and apprenticeships, and curbing the influence of owners and financial interests.

“Editorial policies of all media outlets should respect the principles of fair and balanced coverage and provide all parties with equal opportunities to present their view,” Transparency stated. “This is especially so during election period where the election laws specifically call for fair coverage to all candidates.”

Several political parties had announced boycotts of various media outlets on the assumption that coverage was politically influenced, the report stated, calling for an end to such boycotts.

“Political parties should recognise and respect the independence of journlists and media to ensure equal access to interiews, press conferences, party functions and access to speakers at panel discussions.”

The report also called for groups such as the Maldives Journalists Association (MJA) and South Asian Federation for Media Associations (SAFMA) “to play a stronger role in advocating for media freedoms.”

Download the full report (English)

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Pillay controversy a missed opportunity to demonstrate nobility of Sharia: President

The Maldives missed an opportunity to demonstrate “the nobility of Islamic Sharia” to the world by reacting in “a Jihadi spirit” to controversial statements made by visiting UN human rights chief last month, President Mohamed Nasheed said at a rally Friday night.

A call for a moratorium and public debate on flogging as a punishment for fornication by UN High Commissioner for Human Rights Navi Pillay in an address to parliament on November 24 was unequivocally condemned by the Islamic Ministry, religious groups and political parties as an unconstitutional challenge to a Quranic precept.

“That the punishments and rulings of Islamic Sharia are not inhumane is very clear to us,” Nasheed said. “We have the opportunity to show the whole world how noble and civilised Sharia is. That is because we are the only Islamic nation with a democratically-elected government.”

“Wasting that opportunity in a Jihadi spirit” with the claim of “defending Islam” was unacceptable, Nasheed told supporters at the Maldivian Democratic Party (MDP) rally at Dharubaaruge, which saw the launching of a ‘Plus One’ campaign to double party membership ahead of the 2013 presidential election.

“Opposition parties will always attack us by using religion as a weapon,” he said. “[But] believe that this country is the only Islamic nation where Islamic Sharia has been practiced uninterrupted for 700 years.”

Islamic chief justices and principles of Sharia law had “a sacred place” in the Maldives’ long history, Nasheed observed, which “will not be shaken.”

“Maldivians are not a people who will allow the slightest harm to Islam,” he said. “We know how civilised the religion of Islam is.”

MDP understood that Islam “brought the world out of jahiliyya [ignorance] onto the path of civilisation,” he continued, adding that the party was committed to protecting the culture and traditions of the country.

In the past three years, he noted, the government spent Rf1.2 billion on “the protection of Islamic faith” (page 200 of the MDP manifesto), including the construction of 40 new mosques across the country.

Nasheed said he had been writing about the decay of the Gemmiskiy in Fuvahmulah, an ancient coral stone mosque, since 1990.

Meanwhile in a press conference on Thursday, seven opposition parties announced it would be joining the coalition of NGOs for a nationwide mass protest planned for December 23 “to protect Islam” against the MDP government’s alleged “anti-Islamic agenda.”

Speaking at the Friday night rally, MDP Vice-President and MP for Feydhoo, Alhan Fahmy, strongly criticised opposition parties and religious groups for objecting to the Pakistani SAARC monument, which contained pagan symbols of the Indus Valley civilisation and a bust of the country’s founder Mohamed Ali Jinah topped by the Islamic crescent symbol.

“The time when people worshiped idols, when people worshiped people and the public worshiped rulers in this country is over and done with,” he said.

Alhan accused religious groups and scholars of the Adhaalath Party for employing “religion as a shield” for political purposes.

“Instead of bringing people from Egypt for Ramadan revival programmes, we gave the opportunity for Maldivian scholars to speak and deliver sermons,” he said, in contrast to the former regime “jailing them and shaving their beards with chili sauce.”

Alhan also argued that accusing senior officials of the MDP government as well as the party’s members of kufr (disbelief) went against Islamic principles in a Muslim society.

He urged the Adhaalath Party to cease “sowing discord” with accusations against fellow Muslims and suggested the religious conservative party “talk about something else if you want to come to power.”

President Nasheed meanwhile suggested that “the people today are too aware and enlightened” to believe the charges laid against the government.

“We know what the people of the Maldives want. We don’t have to watch TV stations to find it out,” he said, referring to the opposition-aligned privately-owned broadcasters DhiTV and VTV.

Nasheed observed that the MDP received 53 percent of the total votes cast in the by-elections for vacant council seats in Alif Alif Himandhoo, Faafu Bilehdhoo and Gnaviyani Fuvahmulah on November 19.

“In 2013, I have not the slightest doubt in my mind that we will take 60 percent of the vote in the first round,” he asserted, claiming that there was “no other party in the country yet” that could meaningfully compete with the MDP.

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Body of missing 37 year old woman found in Kudahuvadhoo lagoon

Police are investigating the death of a 37 year-old woman who was found floating in the lagoon of Kudahuvadhoo in Dhaal Atoll this morning.

Police Sub-Inspector Ahmed Shiyam said a search began after the woman was reported missing at 2:00 am last night.

President of the Kudahuvadhoo Island Council Ibrahin Fikry told newspaper Haveeru that the woman, identified as ‘Sheereena’ of Kaneeruge, was found near the island’s breakwater at 6:00am. She was bleeding from an injury between her nose and mouth, as if she had been punched or hit, Fikry told Haveeru.

However Sub-Inspector Shiyam told Minivan News that police had not noticed any incriminating injuries on the body and were not yet treating the incident as suspicious.

“The injuries could have [happened] in many ways. We are speaking to family members and the people who saw her last,” he said.

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Burst tire forces emergency landing at airport

An Emirates flight made an emergency landing at Ibrahim Nasir International Airport (INIA) on Friday, December 2 and sustained damages to two tyres. No passengers and crew were injured.

The Emirates flight EK635 was en route from Colombo to Dubai when it landed in Male’ at 10:35 pm on Friday. It had suffered the deflation of two tyres in its left main landing apparatus.

A spokesperson for INIA said pilots are trained for such situations, and the plane was brought to a safe stop on the INIA runway.

An Emirates spokesperson stated that, “All passengers disembarked safely from the Boeing 777-300 aircraft and are currently being looked after by ground staff. Transit and onward passengers will be accommodated in hotels if necessary.”

The airport was closed until 4:20am on Saturday, December 3 while the issue resolved. Only small aircraft with prior approval were allowed to depart during that time.

“The aircraft is currently being assessed by engineers and will be towed from the runway as soon as possible. Emirates apologise for any inconvenience caused. The safety of our passengers and crew is always of paramount importance,” read the statement from Emirates.

The Dubai-based airline launched daily flights between Colombo and Male’ in August this year, raising service to 19 flights per week. It has been flying to the Maldives since 1987.

Along with Sri Lankan airlines, it is one of the most active international carriers in the country.

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Comment: Speak now, or forever hold your tongues

The Maldivian government’s reaction to the fallout from the UN Human Rights Commissioner’s address to the Majlis is deeply disappointing. It largely confirms what many increasingly allege: the change President Nasheed and MDP promised was limited to regime change and does not include a genuine commitment to democratic reform.

Navi Pillay called on Maldivians to consider putting a moratorium on the practice of flogging. She did not say Maldivians who believe in Islam should abandon their faith. She pointed out that the Maldivian State is one of the few among followers of Islam that still engages in the practice of flogging, imposed disproportionately on women.

Her fundamental proposition was: why not be as compassionate as your faith allows instead of being as cruel as it gives you room to be? Her suggestion was that we discuss and debate among ourselves to find this path to compassion. The official government response to this was, shockingly, ‘You can’t argue with God.’

The Islamic Ministry’s condemnation of Pillay’s speech, and its criticism of MPs for ‘allowing’ Pillay to address the parliament are hardly unexpected. At the helm of the Ministry is Dr Abdul Majid Bari who, while having no qualms about pocketing money earned from his stake in the alcohol-guzzling pork-eating infidel tourism industry, presents himself as an ultra-pious conservative when it comes to affairs of the Maldivian public.

This deep-rooted hypocrisy is what allows a man who holds a doctorate in the interpretation of the Qur’an to mislead the Maldivian public into thinking that multiple interpretations of Shari’a and hadith are unequivocally un-Islamic and that debate is beyond the Islamic pale.

The view of Dr Bari and other ‘Islamic scholars’ such as Dr Afrashim Ali (the ex-singer who treats the subject of his doctoral exegesis as a state secret) is neither new nor uncommon.

Had they taken the time to put it to the public in a coherent manner it would read: in view of the fact that there are specific offences and sanctions prescribed in the primary sources of Islamic jurisprudence, the Qur’an and Sunna, there is no justification for suspending regulation specifically outlined in these divine sources.

This is the view of most conservative proponents of the Shari’a, and is obviously the one held by Dr Bari and others leading the charge of the flogging brigade. It is, however, by no means the only view on the subject within Islamic thought and jurisprudence.

Rather, there are a great variety of ‘Muslim voices’ offering different views—conservative, liberal and pragmatic—about whether and how the idea of human rights and Islamic normative requirements fit together.

Diverse ‘Muslim voices’ on human rights

Even before the modern era, Islamic law was characterised by a broad jurisprudential diversity based on geographic, ethnic and racial as well as philosophical grounds.

This is evident from the fact that it was 400 years after the death of Prophet Mohammed that ijthihad—reasoned interpretation of the sources of Islamic law—was brought to an end with the increased petrification of the Shari’a by medieval jurists.

Many liberal Muslim reformers thus demand the recovery of ijthihad in order to do justice both to modern needs and to the original spirit of the Shari’a. They emphasise the Shari’a’s original meaning as a ‘path’ or a guide, rather than a detailed legal code.

These liberal Muslim voices do not attempt to deny the binding character of Shari’a. What they ask for is active reasoning, ijthihad, which was originally regarded as an independent source of Islamic law.

Their view, as expressed by Lebanese philosopher Subhi Mahmasani is, ‘The door of ijthihad should be thrown wide open for anyone juristically qualified. The error, all the error, lies in blind imitation and restraint of thought.’

Critical approaches of liberal Muslims such as Mahmasani, Egyptian judge Muhammad Said al-Ashmawy and Abdullahi Ahmed An-Nai’m have often highlighted the humane character of the Qur’anic revelation, which is the most important source of the Shari’a.

Tunisian scholar Mohamed Talbi has argued, for example, that ‘Were it possible for us to ensure a life of justice and equality in a different way [to corporal punishment], this would certainly be a way pointing in the same direction as the Qur’an does.’

Although Shari’a had continued to be the predominant legal system in matters pertaining to family law, from the 19th century onwards, Islamic criminal justice had gradually retreated from public law.

The introduction of Islamic criminal law through legislation is thus a relatively recent phenomenon that emerged in the late 1970s and early 1980s. Libya enacted Islamic criminal laws in 1972-1974, Pakistan did so in 1979, Iran in 1982 and Sudan in 1983 and 1991.

And, despite the enactment of such laws, there has been a strong tendency within most Islamic societies to restrict the applicability of hadd punishments as much as possible.

In Pakistan, for instance, the Federal Shari’a Court resisted the reintroduction of stoning in the early 1980s by repeatedly refusing to apply this form of punishment. Prime Minister Zia ul-Haq replaced some of the judges with his own allies to finally have stoning judicially confirmed as being in accordance with Shar’ia.

What these arguments, incidents and discussions suggest is that reconciliatory mediation between tradition and modernity seems conceivable not only among those who are consciously liberal but also among conservative Muslims, as has been argued by many academics.

In light of the rich Islamic jurisprudence referred to above, it is hard to see what the Islamic Ministry’s statement ‘No Muslim has the right to advocate against flogging for fornication’ is intended to do. Except, of course, to shut the Maldivian public off from any other teachings and characteristics of Islam other than those held by Dr Bari and the Islamists who rule Maldivian thought today.

Yellow: the colour of cowardice?

The deafening silence of any opponents of Dr Bari and other Islamists’ extremist views is inexplicable.

Does this mean that among the Muslim scholars that this country now has in such multitudes, there is not one person who disagrees with the extremists’ position? Does it mean, as the recent Religious Unity Regulations suggest, that Maldives will only consider as legitimate Muslim scholars those who purport a particular fundamentalist view of Islam?

Is there not one member of the Maldivian judiciary, the legal community at large, the legislature, or civil society capable of espousing a different position? Does the Human Rights Commission of the Maldives agree that the UN Human Rights Commissioner is wrong? If not, why not say so? Where are you all hiding? What are you afraid of?

Foreign Minister Ahmed Naseem’s statement that there is ‘nothing to debate’ is ‘singularly counter-productive’. It makes President Nasheed’s same-day appeal for gender equality ring hollow, like many of his other statements that emphasise democracy and human dignity.

We may never know details of the Faustian pact President Nasheed and MDP have made with Dr Bari and other proponents of extreme Islamism. What we do know is that it is costing the Maldivian people their democratic, and religious, right to intellectual debate and growth.

No matter how far above rising sea levels it is capable of lifting us, or how much it can lift our colossal debt burden, it is not worth keeping in power a government that lacks the courage to raise Maldivians above the quagmire of ignorance the Islamists are sinking us into at such a rapid pace.

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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SE Asia should focus on keeping kids HIV-free: WHO

HIV/AIDS is shifting profile from a “life-threatening emergency to a manageable chronic disease,” finds an annual report on the Global Response to HIV/AIDS.

The report was released in honor of World Aids Day on December 1, 2011 by World Health Organisation (WHO), United Nations Children’s Fund (UNICEF) and Joint United Nations Programme on HIV/AIDS (UNAIDS) in collaboration with international partners.

The report analyses the health sector’s prevention, treatment and care to those infected in low- and middle- income countries using data through 2010. Among the recommendations for South East Asia was to eliminate childhood infection by 2015.

“We must learn from our experiences, and work to ensure that no child born gets infected with HIV,” Dr Samlee Plianbangchang, WHO Regional Director for South-East Asia, said in a press statement.

As of 2010, 16 million people out of South East Asia’s population of 593 million had been diagnosed with HIV/AIDS. But statistics suggest a synchronized solution. Over the preceding decade infection rates in South-East Asia declined by a sharp 34 percent while the number of people receiving treatment increased ten-fold.

“We are coming out of a transformative decade for the HIV/AIDS epidemic. With innovative treatment regimens, improved health services as well as political commitment, HIV-positive people who are on treatment are living longer and better lives,” Plianbangchang said.

As WHO pushes South-East Asia to eliminate the disease it makes children a priority. Towards that end, an initiative to eliminate new paediatric HIV infections and congential syphilis by that date was launched this year.

Meanwhile, less than one in five pregnant women in the region do not have access to testing facilities, and two out of three infected pregnant women do not receive anti-viral prophylaxis.

Historically the Maldives has been minimally affected by HIV/AIDS, however social trends are putting the population at risk.

Between 1991 and 2006 only 13 HIV cases were reported among Maldivians, compared to 168 among expatriate workers. Of the Maldivian cases 10 were sailors, two were spouses, and one was a resort worker who had traveled abroad; 11 cases were male, and all patients cited heterosexual transmission as the cause.

Yet the country’s geographical constraints have made it highly dependent on foreign imports. This has been shown to include human trafficking for purposes including sexual entertainment. In 2010, an HIV-positive prostitute was arrested locally.

Late last month, human trafficking was reported a growing industry. In 2008, a World Bank report listed mobility, sexual practice, commercial sex work and drug use as leading risk factors. Although HIV is not prevalent within the Maldives, the report claims travel, work and education abroad open opportunities for transmission.

The Maldives also has the world’s highest divorce rate, indicating a high rate of shared partners within the country. Without any formal sexual education in schools and a general stigma around purchasing a condom, the basic defenses against HIV transmission are low.

The report also cites drug use as a risk factor for two reasons. “Drug users may resort to selling sex to earn money, and injecting drug users (IDUs) may share needles/syringes.”

In Awareness, the Maldives scored in the middle-range. While 99 percent of Maldivians polled had heard of HIV/AIDS and 91 percent knew at least one mode of HIV transmission, only 50 percent said condoms can protect against HIV and 34 percent did not know that a healthy looking person can carry the virus.

Currently, the government and independent organisations provide support and awareness within the Maldives. The National AIDS Council, established in 1987, oversees the National AIDS Program (NAP) which coordinates and monitors a multi-sectoral response to the issue.

United Nations’ Development Program (UNDP) is also running a project, active in the Maldives until 2012, with several local NGOs. It aims to support preventative efforts and improve treatment.

Among the conclusions drawn in WHO’s 2011 report on Asia are:

  • Cambodia was the only country to achieve universal ART access
  • 39 percent infected children had access to paediatric HIV treatment
  • 49 percent of people living with HIV are in India
  • Infections among children declined by 23 percent in Asia, but increased by 31 percent in East Asia
  • Asia’s death toll from AIDS-related causes in 2010 was the largest outside sub-Saharan Africa; approximately 310,000 people died
  • Half of the 4.5 million people in Asia who inject drugs live in China
  • Homosexual transmission is highest among men in Indonesia, India and Myanmar

Officials at the Ministry of Health and Family and WHO Maldives were unavailable for comment at time of press.

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