Prison officers must not be banned from growing beards, rules Maafushi Court

Maafushi Court has ruled that growing a beard for men in Islam is more than a Sunnah and almost ‘waajib’ (obligatory), after a group of prison officers working for the Department of Penitentiary and Rehabilitation Service (DPRS) filed a case against a requirement that male officers shave off their beards.

Delivering the verdict, Maafushi Court Judge Ibrahim Hussain said that men should not be told to shave their beards ‘’to make them look like women’’. All Prophets, from Adam to Mohamed (PBUH), grew beards, reported Raajjeislam.

‘’While the beard is more than a Sunnah and almost an obligatory thing in Islam, and while some scholars say it is obligatory, no employee in this 100 percent Muslim nation should be forced to shave their beard,’’ the website quoted the judge as saying.

‘’The court hereby orders the DPRS to ensure that no employee is asked to shave their beard.’’

The judge also added that as the Maldives is a 100 percent Muslim nation, no law against the tenets of Islam can be enacted in the Maldives.

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Salaf sends letter to UN, calls for action against Pillay

Religious NGO Jamiyyathul Salaf has sent a letter to the UN Resident Coordinator in the Maldives, alleging that a call from UN Human Rights Commissioner Navi Pillay for a moratorium on flogging was “inhumane and disrespectful.”

In the open letter written in Dhivehi, sent to media today, Salaf claimed that Pillay had challenged the constitution and Islamic Sharia.

Salaf claimed the UN Resident Coordinator was obliged to write an incident report to the concerned person at the UN, “to take action against Pillay and seek a binding agreement that nothing like this will repeated by the UN in the future.”

‘’As the UN is a protected organisation in this muslim nation, it is something you should do to be sincere to the official religion of this nation and to respect the Muslims that serve in the UN,’’ Salaf said in the letter. ‘’If not, Maldivians will be forced to believe that the UN is conducting activities in this country with a hidden agenda to disrupt the peace, disrupt the religion of Islam and to influence civil unrest.’’

Salaf said Pillay’s comments “might change citizens’ perspective of the UN and its services to the Maldives”. The Maldives had a right to inform other Muslim nations of how ‘’dangerous’’ and ‘’scary’’ Pillay is, Salaf said.

‘’Let it be known, be it UN or an international organisation or a powerful country, if anyone acted as Pillay acted and criticised the religion of Islam, we cannot wait without denying it,’’ Salaf’s letter said.

Salaf further accused Pillay of denying the existence of the Maldivian constitution, although a recording of her relevant comment in Thursday’s press conference indicates that this was widely misreported in the Maldivian media. Pillay was responding to the phrasing of a question by Miadhu Editor Gabbe Latheef, and said “I don’t believe you have a constitution, you have a constitution”.

In parliament, Pillay called for a moratorium and debate on flogging as a punishment for fornication, describing it as a form of punishment “that is cruel and demeaning to women, and should have no place in the legal framework of a democratic country.”

She also described the 100 percent Muslim provision in the Maldivian constitution as “discriminatory, and does not comply with international standards.”

In its letter, Salaf claimed that if Pillay was allowed to get away with her statements, this would be “torture of Maldivians”, and warned that the NGO “would be watching” the UN.

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DQP files case against GMR, MPs critique scheme

Dhivehi Qaumee Party (DQP) today submitted a case to the Civil Court against infrastructure development company GMR Male International Airport Pvt Ltd, challenging its right to collect a US$25 (Rf385.5) Airport Development Charge (ADC) and US$2 (Rf30.8) Insurance Charge commencing January 2012.

The fees are to be charged to internationally-bound passengers only. As of 4:00pm on Tuesday the case had not yet been registered.

The government signed a 25-year contract with GMR on 28 June 2010. On 30 September 2010, four opposition parties filed a case against GMR at the Civil Court. The court registrar rejected the claim.

Under the contract the Maldivian government receives:

  • A sum of U$78 million as advance payment which is to be deducted from the profit due to Government.
  • 1% of the Gross Revenue in the first four years (2010-2014) and 10% of the Gross Revenue from the general business in the remaining years.
  • 15% of the Gross Fuel Sales in the first four years and 27% of the Gross Fuel Sales in the remaining years.
  • GMR is also to invest US$375 million over a period of 25 years.

The development fee is considered “standard procedure in most airports“, GMR officials earlier told Minivan News. GMR said it would have included the fee in the ticket price, but until International Air Transport Association (IATA) provided certain codes it would have to charge the fee separately.

DQP claims that GMR’s lease of Ibrahim Nasir International Airport (INIA) was unconstitutional, illegal, and bore trademarks of corruption. It additionally claims that GMR’s contract would not have been approved if passed through official procedures.

DQP Secretary General Abdulla Ameen confirmed the case and directed Minivan News to the party website for further details. The web page’s last registered update was 29 November 2010.

“Article 97 of the Constitution prohibits any form of taxation without legislation,” reads on section. “Levy on departure passengers have always been done through legislation, including amendments thereof. In fact the current levy of USD18 for foreigners and USD14 for locals was introduced by the present government through amendments to the relevant law.

“However, the right to levy a US$25 and a US$2 (a total of US$27) was given to GMR by the Government without the passage of any law.”

DQP further claims that the government bypassed Parliament on the decision to lease INIA, thereby making GMR’s claim that it can collect the development and insurance fees is “null and void.”

State Transport Minister Adil Saleem previously informed Minivan News that the development fee had been approved by the government as part of its contract with GMR.

Immigration and customs authorities are said to support the move.

DQP told Haveeru that GMR had failed to develop INIA as per its agreement with the government, but is trying to charge customers extra fees on the pretext of airport development.

Speaking in Parliament today, Kulhudhuffushi-South MP Mohamed Nasheed said GMR is receiving all funds from airport handling.

GMR recently announced that baggage handling would be transferred from a local company to one chosen by GMR.

Nasheed said the agreement between the government and GMR was not a fair deal, and that losses incurred exceeds income earned.

“I want to highlight the fact that the US$990 charged from a [Boeing] 777 aircraft that lands during the day has been increased to US$2,985 while the fee collected from the aircraft that lands during the night has been raised to US$3,885. This is a 60-80 percent increase in charges but no improvements have been brought to the services provided by the airport,” he said.

“And we cannot accept the US$1.6 million rent charged per month from a small land plot which measures 800 square feet. Questions arise whether GMR is developing the airport by taking money from us Maldivians or whether they are developing the airport on their funds?”

Hoarafushi MP Ahmed Rasheed said, “While we are exaggerating a minor difficulty a small number of people have to bear for the sake of our nation, we don’t have anyone to speak about the development and advantages the people will be able to obtain from the most number of people who use the airport.”

In the past four months GMR has opened two lounges at INIA and expanded baggage beltways; it is currently adding eight check-in counters and two security lanes. Tourism Minister Maryam Zulfa previously expressed satisfaction with GMR as “an example for the Maldives as it moves forward.”

DQP Vice President Imad Solih earlier submitted a separate though similar civil case arguing the illegitimacy of the charge and requesting the court take action against Finance Ministry.

The Civil Court is expected to soon deliver a verdict on the case.

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Criminal Court issues Interpol red notice to arrest three suspects in Rf18 million fraud

The Criminal Court has issued an Interpol red notice for the arrest of three suspects involved in a Rf18 million (US$1.1 million) fraud case.

The three men are accused of transferring money to the Bank of Maldives from the State Bank of India joint saving account of the three owners of the motorcycle business ‘Sheesha’.

In a statement, police identified the three suspects as Ibrahim Shahid of Thulhadhoo in Baa Atoll, Mohamed Mustafa of Lhaimagu in Shaviyani Atoll and Mohamed Muthausim of the same island.

Following the incident, the three owners of Sheesha: Ahmed Hassan Manik, Hussain Husham and Ibrahim Husham, met with the press and said that the State Bank of India should take full responsibility for the fraud.

Hussain Husham told the media that the total amount of Rf 18 million was taken in two transactions and that the first transaction was made on November 9 and with the withdrawal of Rf 8.5 Million.

Later on December 20, the culprits withdrew a further Rf 9.5 Million from their account.

Hussain told the press that SBI transferred the money to an account with Bank of Maldives, using a forged document faxed to SBI.

He said the document had the name and signature of Ahmed Hassan Manik, and that the money transferred to Bank of Maldives account had already been withdrawn when they came to know about it.

He also said police arrested one person in connection with the case, but that the court had released him after determining that he was arrested unlawfully.

Husaain said the company had decided to sue the State Bank of India and that they should take full responsibility.

Police Sub-Inspector Ahmed Shiyam said police arrested the head of the group with some documents.

‘’But the court released him and he immediately left the country,’’ Shiyam said. ‘’We have another person held in detention, and we are looking for other three suspects including the person we arrested before.’’

Shiyam said yesterday an Interpol red notice was issued and that police were trying to locate the individuals through Interpol system.

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“Our faith should not be so easily shaken”: President Nasheed

Maldivians should have the self-belief and resolve not to have “our faith shaken by listening to statements or opinions expressed by others”, President Mohamed Nasheed said at a function to confer national awards of honour and recognition on Sunday night.

Nasheed’s remarks followed controversy in the wake of statements made by visiting UN High Commissioner for Human Rights, Navi Pillay, who called for a moratorium and public debate on flogging as a punishment for fornication. Pillay’s statements were widely condemned as an unconstitutional challenge to a Quranic injunction and prompted protests outside the UN building.

“To build a nation, we should all have the courage, the patience and the willingness to exercise our minds to its deepest and broadest extent,” Nasheed said.

Sunday night’s winners of the national awards for honour and recognition were “perfect examples of the strength of one’s faith,” he added.

Recipients of the national award for recognition included Professor Hassan Ugail, a mathematician and computer scientist at the School of Informatics, University of Bradford.

“We should have the courage to be able to listen to and digest what people tell us, what we hear and what we see,” said Nasheed, adding that Maldivians should not be “so easily swayed and conned”.

“For that not to happen, we have to foster in our hearts a particular kind of national spirit and passion,” he continued. “This national spirit is not going to come into being by not listening, not talking and hiding things, [but] by clearly and transparently saying what we think in our hearts, discussing its merits among us and making decisions based on [those debates].”

To achieve nationhood and progress, said Nasheed, a country needs more than development of its infrastructure.

“It is the individual who has to be developed -development is something that happens to a person, a change that happens with the individual,” he said.

Recognising outstanding achievements by individuals and holding them up as role models to the public was a duty of the state, Nasheed said.

He expressed particular gratitude to former Attorney General and human rights lawyer Husnu Suood for legal representation and advocacy on behalf of a number of citizens “during a very dark time” and made note of Professor Ugail’s academic achievements.

Majlis

Meanwhile in parliament yesterday, MP Dr Afrashim Ali, a religious scholar and member of the Progressive Party of Maldives’ (PPM) interim council, proposed a motion without notice to debate Pillay’s address on Thursday as “sufficient measures have not been taken by any state institution regarding this case” and if debate was allowed on any tenet of Islam “tomorrow it is likely that people will question worshiping Almighty God and open the space for discussion on it”.

The floor was opened for a debate on the motion with 41 MPs voting in favour. Maldivian Democratic Party (MDP) MP Ibrahim Rasheed cast the only dissenting vote.

Afrashim noted that under article 27 of the constitution the right to free expression must be exercised “in a manner that is not contrary to any tenet of Islam.”

It was therefore “an indisputable truth that neither Pillay nor anyone else should be given permission to speak or express views contrary to the tenets of Islam within the territory of the Maldives,” he said.

Afrashim argued that Pillay’s remarks constituted a crime under the Religious Unity Act of 1994 and carried a prison term of between two to five years.

Addressing criticism for his role in Thursday’s event, Shahid informed MPs that he did not know of the contents of Pillay’s address in advance and that Dhivehi translations distributed to MPs after the speech were prepared by the UN.

Several MPs however called on the Speaker to issue a public apology.

Afrashim insisted that parliament should have made a public statement condemning the remarks and advised MPs that it was “in the best interest of the nation at this point” to formulate laws banning irreligious speech.

MDP MP ‘Colonel’ Mohamed Nasheed reproached Afrashim for “calling other MPs kafirs (unbelievers)” and “sowing discord for political purposes.”

MPs of the ruling party met the Speaker to express concern after Pillay’s speech, Colonel said, contending that MPs in attendance should not be blamed for her words.

MDP has condemned the remarks and “would not allow a religion other than Islam on this soil,” he said.

Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali meanwhile joined the chorus of condemnation and concurred that her statements were “unacceptable” and “in violation of the constitution.”

“Yesterday they put up idols, today they talked about religious punishments, tomorrow we’ll be talking about homosexuality and gay marriage the next day. These are things that could happen in a series,” warned Fares-Maathoda MP Ibrahim Muttalib, who recently signed with the Adhaalath Party.

MP Gasim Ibrahim, leader of the Jumhooree Party, claimed Pillay’s remarks were part of the government’s serial efforts to introduce other religions, “build idol temples and weaken our Islamic faith.”

Gasim added that he would have put a stop to Pillay’s address if he had attended Thursday’s function in parliament.

PPM Spokesperson MP Ahmed Mahlouf said the MDP government’s anti-Islamic agenda was evident through such actions as authorising restaurants to serve expatriates during Ramadan, allowing the sale of alcohol at the airport departure terminal and proposing to make Islam and Dhivehi optional subjects at A’ Levels.

“A Muslim said in public for the time in the Maldives that he was not a Muslim,” said Mahlouf. “We believe these things are connected to President Nasheed because he hasn’t come out and directly said anything about it.”

He urged the public to join the protest planned by the NGO coalition for December 23 and “directly overthrow this government.”

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Fantasy fines official, health head remains at post, says Mayor

Male’ City Council’s Trade Section has fined Fantasy Bakers Rf 6500 (US$420) for selling goods produced with expired products, City Mayor Ali Manik has confirmed.

Earlier today, local media Haveeru reported that Council Health Section Manager Hassan ‘Jambu’ Afeef had ‘unofficially’ issued the Rf 6,500 fine, and was consequently stripped of his duties.

However Manik told Minivan News today that Afeef had not been removed from his duties.

“They are trying to damage my reputation,” Afeef claimed. “Currently I am on vacation and I will not respect any decision to suspend me.”

“Hassan is still with us, of course, he has not left his duties,” said the Mayor, who was puzzled by the question. “The Rf 6,500 fine was approved by the Council, so of course it is official.”

The Mayor said an additional Rf100,000 (US$6500) fine from the City Council may be “issued after the court case”, for which police are currently conducting an investigation of Bakers Fantasy on the Prosecutor General’s order.

The Mayor could not say if the court would also issue a fine to the company.

Speaking today to Minivan News, Afeef said media reports were “incorrectly based on false information provided by certain council members.”

“The council decided to fine Fantasy for Rf100,000. Officials from the Trade Section subsequently went to Fantasy and reduced the fine to Rf 6,500,” he said. “It was not me, and it should be noted that some of the council’s members are not very responsible and are not even not cooperating with responsible members of the council.”

He said the decision to reduce the fine to Rf ,500 was made by him, and that some council members are “generally uninformed of council activities.”

“I was told that I am attempting to damage a business and that it would give a bad name to the Fantasy stores when I brought the issue to the council,”’ he said. “I said ‘I’m working for the people,’ and that it was the citizens who eat the products and it is my responsibility to stop it.’”

Afeef said media had been informed of the council’s statements on the Fantasy issue and that council members responsible had since apologised to him.

“They called me and said I was right about the Fantasy issue and the next day they wanted to erase the minutes of that meeting, but I did not allow this,” he said. “I am an MDP councilor. If they taking a salary from the citizens’ money, they should be sincere to the citizens. This a setup to damage my reputation and good name,” Afeef claimed.

Afeef reiterated that he remains fully employed as head of the Council’s Health Section, which he said the President and First Lady regarded “as an important social institution.”

Bakers Fantasy was closed on October 28 by Male’ City Council. The council subsequently inspected three storehouses and Aioli Restaurant, which is owned by Fantasy Pvt. Ltd. Expired products were found in two of three storehouses, however Aioli was found clean.

Fantasy Store was closed by police for two days on November 7 while police searched for expired goods, but was re-opened in order to protect business operations. Police intervened after the store had ignored an order from Community Health Services, which has legal authority to order temporary closures.

Fantasy shops are known for imported products and quality produce, and are popular among locals and expatriates.

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High Court invalidates Criminal Court verdict against police officer

The High Court has invalidated the Criminal Court’s ruling on a Police Drug Enforcement Department (DED) Officer.

The officer was accused of asking an inmate to find him two girls between the ages of 16 to 25 to have sex with him three nights from 8:00pm to 1:00am, and that in exchange the inmate was to be freed and the case dropped.

The High Court identified the inmate as Mabaah Waheed of Maafannu Jaina and the police officer as Police Constable Ahmed Ismail.

The Criminal Court had ruled that according to Mabaah’s statements, documents presented to the court and text messages sent to Mabah’s mobile phone warranted enough evidence to suggest claims made by Mabah against Ismail were true.

The High Court however noted that Mabaah was arrested by the police on a drug related matter in a case Ismail investigated, raising the possibility that Mabaah might have a grudge against Ismail and so his statements would be weak.

The High Court said in the ruling that Ismail had argued that evidences and statements given by Mabaah should be invalid because Mabaah was inclined to give false statements as Ismail had not commuted the investigation.

The texts allegedly sent to Mabaah by Ismail requesting for the girls were not tested by any digital analysis system, the High Court said, adding that there was not enough evidence to suggest the texts were really sent by Ismail.

The Court also said that there was no evidence other than the words of Mabaah that the documents, written in English, were given to him by Ismail asking for the two girls.

Delivering the verdict, the High Court said it was hard to believe that a person would give a document making such a request, and that the only evidence that the Prosecutor General has presented to the court was the document  and the text messages on the mobile phone, not enough to prove that the officer was guilty.

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Civil Court orders JSC to halt misconduct case against Chief Criminal Court Judge Abdulla Mohamed

The Civil Court yesterday ordered Judicial Service Commission (JSC) to take no action against Chief Judge of the Criminal Court Abdulla Mohamed, until the court reached a verdict in the case filed against him.

Abdulla Mohamed filed the suit against the JSC after it complete a report into misconduct allegations against the cheif judge. According to the report, which the JSC has not yet publicly released, Abdulla Mohamed violated the Judge’s Code of Conduct by making a politically biased statement in an interview he gave to private broadcaster DhiTV.

Following the JSC’s decision to take action against Abdulla Mohamed, he filed a case against the JSC in the Civil Court requesting that it invalidate JSC’s report, claiming that DhiTV took his statement out of context.

In the Civil Court’s order, Judge Maryam Nihayath said that if the JSC took any further action against Abdulla Mohamed while the case was in court, it might disrupt the case and Abdulla Mohamed would suffer irreparable damages.

Last week the Judicial Services Commission (JSC) completed its investigation into the alleged misconduct of Abdulla Mohamed.

The case against  was presented to the JSC in January 2010 by former President’s member of the JSC, Aishath Velezinee.

According to local media, during the first hearing of the suit filed by Abdulla was conducted yesterday Abdulla Mohamed’s lawyer MP Ibrahim Riza claimed that DhiTV editor Midhath Adam and journalist Hidhayathulla’s statement had been taken by the JSC as testimonials to prove Abdulla’s misconduct.

Riza claimed that both Midhath and Hidhayathullah had since told JSC that broadcasted Abdulla’s statement out of context.

He said that at the time the alleged incident occurred the Judges Act was not passed, and thus the JSC could not take any action against Abdulla Mohamed.

In 2005, then Attorney General Dr Hassan Saeed forwarded to the President’s Office concerns about the conduct of Abdulla Mohamed after he requested that an underage victim of sexual abuse reenact her abuse for the court.

In 2009 following the election of the current government, those documents were sent to the JSC.

Velezinee told Minivan News last week that this was the first time the JSC had ever completed an investigation into a judge’s misconduct.

“There are many allegations against Abdulla Mohamed, but one is enough,” she said.

“If the JSC decides, all investigation reports, documents and oral statements will be submitted to parliament, which can then decide to remove him with a simple two-thirds majority.”

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Comment: Intravenous drug use raises AIDS spectre in Maldives

Thirty years since the first reported cases of acquired immunodeficiency syndrome (AIDS) in 1981, the response to the HIV/AIDS epidemic has been unprecedented, especially in terms of global and national initiatives.

Substantial progress has been made, such as a 31 percent reduction in the number of new infections between 2001 and 2009 in South-East Asia. A revolutionary new approach to treatment endorsed by UNAIDS and WHO, which includes improved, lower-cost drugs, simplified HIV diagnostic technologies, improved delivery systems, and innovations  in prevention of HIV infection, give hope for achieving universal access to prevention, care and treatment of HIV/AIDS, even in resource-constrained settings.

Yet, the challenge is far from over. HIV still remains a formidable foe, affecting 33.3 million people globally, including 2.5 million children. Despite years of concerted global efforts and investments, there is still neither a cure nor an effective vaccine for the disease.

However, over time, the profile of the HIV epidemic is evolving from a life threatening to a chronic disease, thanks to availability of more effective drugs and efficacious service delivery models involving communities and people living with HIV/AIDS. With changing realities, it is time, then, to reflect and re-strategize in the long-drawn war against HIV/AIDS. Fundamental to success is acknowledging that HIV/AIDS is a social and developmental issue as much as a health one.

The impact on women and children is devastating. An estimated 1.3 million women aged 15 and above currently live with HIV in the WHO’s South-East Asia Region (Bangladesh, Bhutan, Democratic People’s Republic of Korea, India, Indonesia, Maldives, Myanmar, Nepal, Sri Lanka, Thailand and Timor-Leste).

The estimated number of children living with HIV has increased by 46 percent during 2001 – 2009. Of the 448 million cases of sexually transmitted infections that occur globally, 71 million are in South-East Asia. Due to low coverage of the prevention of mother-to-child transmission (PMTCT) programme in the South-East Asia Region, a large number of babies born to HIV-positive mothers acquire HIV infection in the womb.

Despite considerable diversity in the HIV epidemic among the countries of the Region, unsafe sex and injecting drug use are the main drivers. Five countries -India, Indonesia, Myanmar, Nepal and Thailand – account for a majority of the disease burden. Sexual transmission accounts for the majority of cases in Bhutan, India, Myanmar, Sri Lanka, Thailand and Timor-Leste.  The HIV epidemic among people who inject drugs is significant in Indonesia, Myanmar, Nepal, Thailand, and some regions of India.

The Maldives has a growing threat of the HIV epidemic due to injecting drug use.

The evolution of the epidemic from life threatening to a chronic disease, with better drugs and better access to drugs, has resulted in prolonging survival and quality of care for people living with HIV/AIDS. This necessitates evolution of an HIV care model that is in line with chronic disease management, with primary care providers playing an important role.

The spectrum of HIV care needs to evolve into a comprehensive primary care model that has an integrated, patient-centered approach, and is linked to specialist care where and when needed. It also needs to address the various socio-cultural issues that take the response beyond the health sector into the families and communities.

Other key challenges include late diagnosis of HIV, stigma and discrimination faced by people with HIV and most-at-risk population; limited capacity of health systems; high prices of antiretroviral drugs especially the second line drugs, and lack of sustained finances.

The health sector can only overcome these challenges if it collaborates with other sectors in order to tackle the social, economic, cultural and environmental issues that shape the epidemic and access to health services.

WHO’s  Health Sector Strategy on HIV for South-East Asia has been endorsed by all the eleven Member States of the Region. It envisions “Zero new HIV infections, zero AIDS-related deaths and zero discrimination in a world where people living with HIV are able to live long, healthy lives.”

The four strategic directions to achieve the goal include: optimising HIV prevention, care and treatment outcomes; strengthening strategic information systems for HIV and research; strengthening health systems to ensure that the expanded response to HIV will build effective, efficient and comprehensive health systems in which HIV and other essential services are available, accessible and affordable; and fostering supportive environment to ensure equitable access to HIV services.

WHO continues to work with countries to achieve universal access to comprehensive HIV prevention, treatment and care and to contribute to health-related Millennium Development Goals (MDGs), particularly MDG 6 (combat HIV/AIDS, malaria and other diseases). Together, we hope to move closer to a world free of AIDS.

Dr. Samlee Plianbangchang is the Regional Director of the World Health Organisation for the South-East Asia Region.

<em>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]</em>

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