Category: Society & Culture

MACL staff protest discrimination in annual bonus

An estimated 150 employees of the state-owned Maldives Airports Company Limited (MACL) demonstrated over discrimination in bonus payouts today.

The protests started on Tuesday morning after leaked documents indicated senior management and an estimated 200 staff members working at the duty free shops were to receive a percentage of profits while other employees were only to receive an amount equivalent to their basic salaries.

Speaking to Minivan News, a staff members who took part in the protests said senior staff and duty free staff were to receive up to MVR80,000 (US$5188) while most staff members were to receive between MVR6000 (US$389) and MVR15000 (US$972).

“Around 1900 employees are to receive an amount equivalent to their basic salaries, which comparatively is a very low amount. Their [management] justification is that duty free employees reached a profit target. But there are others who work as hard, and earn the company as much money in other departments,” she said.

A handful of senior level employees in some departments would receive between MVR25,000 and MVR50,000 (US$1621 – US$3242), she said.

“This is a huge difference, a huge discrimination which is against the company’s general human resource policy. Most of us are giving our hundred percent to the company, and our work brings in as much money as the duty free staff,” the protesting staff member said.

The demonstrations were peaceful and not intended to obstruct airport operations in the airport, she continued.

“We stood up for our rights, we are not against the management nor did we have any intention to obstruct the operations here. We were demanding an explanation.”

Managing Director of MACL, Ibrahim ‘Bandhu’ Saleem, met the protesters yesterday and told them the company board will hold discussions and reach a decision on the matter as soon as possible.

In response, protesters today demanded a deadline for the decision. Subsequently, the company issued a circular stating that bonus payouts will be revised and a decision will be made before August 31. The circular was changed a second time to specifically mention that the issue will be resolved in an equitable manner on the protesters’ demands.

An MACL spokesman told Minivan News today that the leaked document was not an official one and no decisions have been made yet over the distribution of bonuses.

“The management have discussed the issue with the protesting staff members now and it is settled. Everyone has gone back to work. It all started with a leaked document, which is not final in anyway. The bonus amounts would be announced before August 31,” he said.

The decision to grant annual bonus to employees was made after a staff members protested its discontinuation in March. At the time the employees also raised the issue of the poor quality of food provided at the staff cafeteria.

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Immigration deports 6,400 undocumented workers, holds 159 in detention

The Department of Immigration and Emigration deported 6,400 migrant workers between January and July and is currently holding 159 workers in detention.

According to the department, barring a handful arrested on criminal offenses, all were undocumented – some having worked illegally for up to 12 years.

“This is not just a programme we carry out for this period, it will be a continuous process,” said Controller of Immigration Hassan Ali, who also promises action against employers.

“We have been warning about this for several years now, but there will be no warning anymore. We are taking action.”

The controller has made assurances that immigration staff are aware of the risk of deporting trafficking victims, and said that no legal rights were being infringed upon during the detention of migrant workers.

He urged small businesses to ensure recruitment agencies provide the correct information to migrant workers prior to their arrival. He also revealed long term plans to check company immigration records before awarding government contracts.

The current special operation to deport undocumented workers was announced on April 24, with Minister of Defence and National Security Mohamed Nazim – also in charge of the immigration department – promising “the whole Malé will be cleaned [of migrant workers]” within three weeks.

In December 2013 the department also conducted a voluntary repatriation program to allow for the regularisation of workers through easier documentation processes and the option to return legally after six months.

Those detained under the current programme are deported as soon as possible, and will be unable to return to the Maldives within the next ten years.

Their documents are arranged through their respective foreign offices and the travel fare is arranged with money deposited at the department prior to their arrival, or through their employers.

Trafficking risk

The Human Rights Commission of the Maldives (HRCM) has previously expressed concern over the programme, stating that victims of human trafficking may also be deported.

While the national anti-trafficking steering committee established under the new Anti-Trafficking Act has drafted a national guideline of internationally accepted standards, it is yet to be approved and used at a national level.

“No, we do not have such a standard at the moment,” Hassan Ali told Minivan News this week.

“However, our staff have taken part in programmes conducted by organisations like IOM [International Organization for Migration] and ILO [International Labor Organization] on human trafficking. They are well aware of indicators of trafficking and have identified some cases and forwarded those to the police,” the controller continued.

The 2014 US State Department’s Trafficking In Persons Report highlighted lack of procedures to identify victims among vulnerable populations, and inadequate training for officials.

The report stated that “the government penalized some victims for offenses committed as a result of being trafficked and also deported thousands of migrants without adequately screening for indications of forced labor.”

Detention

Until deportation, most workers are detained at Hulhumalé prison, or sometimes in the police custodial centers, the immigration department explained.

Hulhumalé prison, which also holds a number of convicted criminals, is being used as a detention facility for undocumented workers as the immigration department lacks its own facility.

Article 48 of the Constitution outlines rights of a person during arrest or detention – rights extended to immigrants – which include the right to an attorney, and to be brought before a judge within 24 hours to determine the validity of the detention.

Referring to the phrasing of the article, which states that only “a person detained for being accused of a crime” has the right be brought before a judge, Hassan said it does not apply to immigration detention of undocumented workers.

“I don’t even want to call this detention. We are sending them back as soon as we can, sometimes immediately, sometimes within a day. But sometimes it takes longer than that,” he said.

He added that the department was authorised under the Immigration Act and the Parole Act.

Article 21 of the Immigration Act states that it is unlawful for anyone without proper documentation to remain in the Maldives, authorising the controller to detain such persons, at a place of his choosing, until deportation.

Prominent lawyers have noted that, while the detention is valid, it is important to ensure it does not extend beyond a reasonable period of time and that the  HRCM should ensure their rights are guaranteed during that period.

Minivan News understands the Hulhumalé Prison was recently visited by HRCM, who are mandated to monitor places of detention under the Human Rights Commission Act, the Anti-Torture Act, and the UN Optional Protocol to the Convention against Torture.

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Over MVR300,000 donated to Gaza Fund in two days

Over MVR300,000 (US$19,455) has been donated in the first two days to a “Gaza Fund” set up by the religious conservative Adhaalath Party (AP) to provide financial assistance to Palestinians affected by the ongoing Israeli aggression.

According to the party, a total of MVR317,364.60 and US$1,346 has been collected as of yesterday (July 19).

Fund boxes have been placed across the capital Malé in mosques and other locations, including the artificial beach and the tsunami memorial area, as well as in Vilimalé and Hulhumalé.

The fund was launched by Maldives national football team midfielder Mohamed Arif and former captain Assad Abdul Gani at a ceremony last week.

Adhaalath Party Spokesperson Imran Zahir said at the ceremony that 11 NGOs were participating in the fund raising activities while a bank account for donations would be set up at the Islamic Bank.

Zahir said donations would be counted in the presence of the media and that the proceeds would not be used for management purposes.

Meanwhile, the Qatari Red Crescent offered last Thursday (July 17) to ensure that the funds reach its intended recipients.

In a letter to AP President Sheikh Imran Abdulla, Qatar Red Crescent Secretary General Saleh Bin Ali Al-Muhanadi said that the humanitarian organisation could ensure that the funds reach the people of Gaza in the form of food and medicine.

The arrangements could be made through its extensive relief efforts in Gaza, he said.

“We note that we have had a very fruitful partnership with Adaalath Party in two previous projects; namely Gaza Fund and PK Fund, in which we channelled the funds that were raised in Maldives to the people of Gaza and Pakistan respectively,” the letter read.

In early 2009, 25 Maldivian charities raised US$100,000 for humanitarian projects in Gaza in the wake of an Israeli military offensive in December 2008.

The previous Gaza fund raised MVR1.2 million (US$100,834) between January 9 and February 8, 2009.

Last week, thousands of Maldivians joined a protest march in the capital against the Israeli offensive in Gaza.

Fund raising

Meanwhile, a heated exchange took place on social media last week between Islamic Minister Dr Mohamed Shaheem Ali Saeed and former President Mohamed Nasheed after the latter suggested that it would be “unwise” to donate to the AP fund while details of expenditure out of a “Mosque Fund” set up by the Islamic Ministry remained unclear.

Shaheem responded angrily claiming that details of expenditure were shared with the People’s Majlis and the media, implying that Nasheed had left the country to avoid participating in a rally by the opposition Maldivian Democratic Party (MDP) on July 12.

“Nasheed cannot tolerate any action against the Jews in Maldives,” the Islamic Minister tweeted.

In response, the opposition leader accused Shaheem of lying and explained that he had flown overseas on July 7 to seek “emergency” medical treatment for his wife in Singapore, three days before the MDP’s national council passed a resolution to hold a protest march.

MDP MP Eva Abdulla meanwhile tweeted, “[President Nasheed] is with his wife who just underwent a surgery. How much evil do you need to spread, in this holy month?”

According to figures publicised by the Islamic Ministry, a total of MVR21.5 million (US$1.3 million) was donated to the mosque fund, out of which and spent MVR14.9 million (US$966,278) as of July 2013.

The opposition party’s national council organised a protest march after Nasheed – currently the party’s acting president – called on “all human rights defenders” to raise their voices “against the indiscriminate killings in Gaza.”

In a tweet four days later, Nasheed referred to 12 Maldivians leaving for Ceylon to fight in the neighbouring country’s defence in 1943 and suggested that there was “no reason that an MNDF [Maldivian National Defence Force] brigade should not go in defence of Gaza.”

On Friday (July 18), Nasheed contended that the current administration could not “care for Gaza” and asked the MDP to take the initiative to organise “a human shield” for resistance in Gaza.

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Criminal records cleared for over 2,000 youths, home minister informs parliament

Criminal records of more than 2,000 youth have been cleared or expunged since the current administration took office in November, Home Minister Umar Naseer told parliament last week.

Appearing for minister’s question time at Wednesday’s sitting of parliament, Naseer explained that criminal records are cleared for suspects involved in cases that are not forwarded for prosecution following investigation by police.

Criminal records would not be cleared for suspects whose cases are sent to the Prosecutor General’s (PG) Office, he added.

“So we are following that rule now and the number of youth with criminal records will be fewer than before now,” he said.

However, Naseer stressed that the Home Ministry could not expunge all criminal records as “this involves employers’ rights as well”.

Employers needed to “know who they are giving a job to,” Naseer said.

The home minister was responding to a question from Progressive Party of Maldives (PPM) MP for Addu Feydhoo, Ibrahim Didi, who said he received a lot of calls from young people in his constituency who were unable to get jobs due to criminal records.

Most of the youth had criminal records for minor offences, he said.

In January, police revealed that records of 1,023 persons arrested for various offences were cleared under an initiative to provide job opportunities to youth.

A 2012 report on gang culture in the Maldives noted that lack of employment opportunities was one of the main reasons young people join criminal gangs.

Criminal records even for minor offences are not cleared for five years, the report noted.

“Sustained effort”

Meanwhile, in April, President Abdulla Yameen granted clemency to 169 convicts serving jail sentences or under house arrest or banishment following an announcement at a campaign rally in Fuvahmulah.

Naseer told Minivan News in the wake of President Yameen’s announcement that the release of inmates would not present any difficulties to ongoing efforts to combat drug trafficking.

“It will not be a hindrance because the present Clemency Act prevents serious offenders from being released. Furthermore, this process will be monitored by the Home Ministry,” he said.

President Yameen also commuted the sentences of 24 inmates in January while his predecessor Dr Mohamed Waheed released 39 convicts during his last days in office.

The “main difficulty” at present for law enforcement was the delay in concluding cases through the criminal justice system, Naseer told MPs.

While the role of police was over after sending a case for prosecution, Naseer said cases were often delayed either at the PG’s Office or at court.

Asked about efforts to combat drug trafficking, Naseer said he estimated a period of 15 years would be needed with a “sustained effort” by successive administrations to address the country’s drug problem.

The police Drug Enforcement Department (DED) has conducted more operations in the past six months than was previously conducted in one year, Naseer claimed.

More drugs were also seized in the past six months than previous years, he added.

Discussions have taken place “at the technical committee level” with airport operators and customs officials to “seal” all points of entry, Naseer said.

In an interview with Minivan News in January, Naseer said that the main target of his ministry for the next five years would be curbing drug-related crimes.

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Government proposes scrapping punishment for evading mandatory national service

The government has proposed scrapping a provision in a 1976 law that allows the president to banish or place under house arrest persons who evade mandatory national service after completing state-funded training or education at public schools.

Presenting the amendment bill (Dhivehi) on behalf of the government at today’s sitting of parliament, Progressive Party of Maldives (PPM) MP Abdulla Rifau said the provision contravened article 55 of the constitution, which states, “No person shall be imprisoned on the ground of non-fulfilment of a contractual obligation.”

Rifau also noted that according to article 16(a) of the constitution, fundamental rights and freedoms guaranteed by chapter two could only be restricted or limited to any extent “only if demonstrably justified in a free and democratic society.”

Debate

In the ensuing debate, PPM MP Mohamed ‘Kutti’ Nasheed argued that abolishing the provision would be a “cosmetic change” as it had become null and void with enactment of the new constitution in August 2008.

Advising a broader debate on national service, Nasheed noted that 80 percent of workers was employed by the government and 20 percent by the private sector when the law was passed in 1976 while the reverse was true at present.

“Our ground reality has changed while this law was on the books,” he said.

In 2013, Nasheed added, 7,623 students completed O’ Levels, out of which 3,123 students (43 percent) was eligible for A’ Levels after passing five subjects.

The number of students who completed A’ Levels in 2013 was meanwhile 1,725, he noted, of which 1,294 students (75 percent) was eligible to pursue higher education or bachelors degree.

While students who completed O’ Levels 40 years ago were forced to serve the government regardless of their grades, Nasheed said in the present day hundreds of people apply for job openings at government offices.

The 1976 law – comprised of 11 articles – requiring 80 percent of school leavers to join the civil service was therefore irrelevant today, he contended, with the exception of sections dealing with employees who refuse to return to work after completing government-sponsored higher education or training.

As the issue was not “clearcut,” Nasheed recommended “serious debate” on formulating new rules appropriate for present circumstances.

Unconstitutional

Opposition Maldivian Democratic Party (MDP) MP Abdul Gafoor Moosa meanwhile contended that the entire law should be abolished as it was unconstitutional.

The law was also in conflict with article 36 of the constitution on the right to education, which stipulates that the state should provide free primary and secondary education and ensure accessibility for higher education for all citizens.

While supporting the amendment, MDP MP Imthiyaz Fahmy, however, accused the government of seeking positive headlines to mislead the public.

Jumhooree Party (JP) MP Gasim Ibrahim recommended expediting the debate on the legislation “to save time” as there was consensus among MPs on approving the amendment. The JP leader noted that several similar amendments to laws in conflict with the constitution were before parliament.

Among other amendments submitted by the government to bring outdated laws in line with the constitution include revisions to the Immigration Act, Child Protection Act, and detention procedures.

In June, Attorney General Mohamed Anil told local media that 51 pieces of legislation will be submitted to the current session of parliament out of a legislative agenda comprised of 207 bills.

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Crimes reported in first half of 2014 drop by six percent

The number of crimes reported to the Maldives Police Services in first half of 2014 has dropped by nearly six percent compared to the previous year, police statistics have revealed.

The total number of crimes reported within the first six months of 2013 was 7746, while this year it has come down to 7292 cases.

While there were reductions in all major categories of crimes reported, the most significant drops were seen in counterfeit and forgery case, and domestic violence.

Counterfeit and forgery cases – the least reported category of crime – dropped by nearly 38 percent, from 69 cases in 2013 to 43 in 2014.

The number of domestic violence cases lodged with police fell from 120 in 2013 to just 94 cases in 2014 – a fall of nearly 22 percent.

The number of domestic violence cases lodged at the police annually had been increasing gradually since 2010.

Local women’s NGO Hope For Women last year said the anti-domestic violence legislation enacted in 2012 did very little to improve the situation for victims of such crimes.

The organisation said that while the police were prepared for its implementation, but lack of mechanisms still left the force handicapped.

According to the police statistics, reported sexual offenses cases also dropped from 341 to 316 within the first six months of this year.

Theft – the most reported crime in both years – saw the second greatest reduction, with 3113 cases in 2013 to 2893 cases. Meanwhile, robbery cases increased by more than nine percent.

Drugs, the second most reported crime, dropped by approximately two percent – from 1974 in 2013 to 1929 this year. Assault cases were came down from 659 to 602 cases, while road traffic cases dropped from 1188 to 1156.

Commissioner of Police Hussain Waheed has said that reduced number of cases in the first six months was the result of the force’s special efforts to reduce crime with targeted objectives included in the MPS strategic plan and the annual business plan.

A survey published by ‘Transparency Maldives‘ earlier this year revealed a lack of public confidence in state institutions – including the police.

In the survey conducted among 1000 randomly selected individuals, 32 percent stated they had “no confidence at all” in the police, while the same number of individuals said they had a ‘great deal of confidence’ in them.

A UNDP sponsored human rights survey published by the Human Rights Commission of the Maldives in 2013 also revealed dissatisfaction with police services.

Approximately 32 percent of respondents were not satisfied with the police services. When asked what it was they were dissatisfied with, they mentioned the failure to deal with crimes, inability to contact in times of need, bias, torture and corruption.

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Teachers Association condemn “overhauling of the academic calendar” for Ramadan

Following the government’s decision to close schools for grades 9 and under during Ramadan, the Teachers Association of Maldives had said the move will damage students academically.

“We cannot at all accept the way schools were shut down all of a sudden,” said President of the Teacher’s Association Athif Abdul Hakeem.

While teachers do not have a problem with the concept of closing schools for Ramadan, he said, the manner in which the decision was made had given rise to numerous problems.

“It would have been alright if it had been planned ahead and included in the academic calendar,” he said. “The excuse that the Education Ministry gave for closing schools is also unacceptable. If students in Grades 10 and above can understand lessons in three hours, so can those in grade 8. It’s illogical to claim otherwise.”

Hakeem also refuted the ministry’s claims that attendance was lower during Ramadan, adding that students will face disadvantages as a result of the sudden closure.

Earlier in June, the Education Ministry announced the decision, saying that the reduced three-hour days during the month of fasting were insufficient time in which to take lessons.

It further claimed that the decision had been made after holding discussions with those in the education sector and parents – a claim Hakeem has denied.

Parents and teachers

“It is a horrible decision,” said Mariyam Maanaa – mother of a Grade 8 student. “It is making children lethargic. How will they cope when they start working and have to go to office during Ramadan if they get used to this being a vacation?”

Civil service working hours – also the subject of some controversy prior to the start of the holy month – are between 10am and 2pm throughout Ramadan.

“This is the first time school has been closed during Ramadan and I see no reason why it had to be done,” she continued

Parent Rahima Ali, meanwhile, feels that it was a reasonable decision to not hold sessions for youngest of students.

“Perfectly understandable that school is closed for pre-schoolers. It might have been okay to close them even for Grades 1 to 5. But over that, they are not so young anymore. They must be able to concentrate on lessons even if fasting.

“Fasting is not meant to be a break from life when all you have to do is sleep through the day. The ministry’s decision is ruining our children’s discipline.”

Teacher Aishath Inas stated that while they had been asked to provide handouts to students for the holidays, teachers did not have sufficient time to effectively do so.

“It will also be extremely hard to try to cover a full month’s syllabus later. Many teachers are unhappy with the fact that we have to work through Ramadan even when students are not here, and while we will also need to come out to work on every Saturday for the rest of the year,” she said.

Extra classes

Despite the government’s decision, some schools – especially those in the islands – have begun to take sessions under the name of holding extra classes.

The Teacher’s Association was informed today that the ministry had notified those schools to stop holding such classes.

“The fact that schools are taking the initiative and holding classes shows just how concerned teachers are that we may not be able to complete the syllabus on time,” he said.

On July 3, the Ministry announced that the mid-term break would now be rescheduled to fit in into the last days of Ramadan.

Hakeem stated that this would once again pose problems as it may interfere with travel and other plans that parents may have already made in accordance with the annual academic calendar.

“The gist of the matter is we cannot accept the overhauling of the academic calendar in the middle of the year. There is no formula that will allow us to complete the syllabus on time now. As for working on Saturdays, it will be a burden on the state budget to have teachers work then as according to the law, teachers will need to be paid double the rate if they are working on an official holiday,” he continued.

Minivan News was unable to contact Ministry of Education Media Officer Maina Latheef at the time of press.

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No redress, no compensation, no reconciliation

Describing a beating at Maafushi Jail, musician Abdulla Easa said: “Sometimes I felt I was floating, suspended in mid air, going from one officer’s boots to the other.”

Easa was tortured simply for refusing to stand in queue for flatbread.

Prisoner testimonies indicate torture and ill treatment has been widespread and systematic in Maldivian jails.

Officers tortured inmates “just for fun,” said Easa. “For example, when they went out for a swim, they would call out to anyone they liked, “you come.” They would make us kneel down, they would bury you half in the sand, burn you with cigarettes.”

Former journalist Abdulla ‘Fahala’ Saeed, said he saw security officers rip both the clothes and the skin off of one man when they pulled him out after burying him in the sand.

“One morning, a person named ‘Kelaa’ Areef was taken to the beach and half buried in the sand so he could not move at all. At some time he started reciting the Shahadha, saying that he was going to die, then one of the officers said, ‘He is now ‘dhonvefa’ [heated up] Time to take him out’.”

Then two of them held him under his arms and pulled him out, ripping off his clothes and ripping his skin [on sharp coral sand]. He was all bloody. He was unconscious. Then they threw him in the cell.”

Both Easa and Saeed have claimed they saw people die in jail from the torture they receieved.

No redress

But to date, no survivors or families of victims in the Maldives have received any redress or compensation, and there has been no effort at reconciliation at the national level.

Ten years have passed since the Maldives signed the UN Convention Against Torture.

The Torture Victims Association say survivors have no confidence in a “politicised and incompetent judiciary” and are waiting on judicial reform to pursue justice.

Human Rights Commission of the Maldives (HRCM) member Jeehan Mahmoud said difficulties in substantiating claims of torture and a state tendency to protect the accused over the victim have constrained efforts at redress.

However, the recently ratified Anti Torture Act – which heavily penalises torture and assures compensation for victims – is a “big encouragement” to end such practices, she said.

Proving that an individual officer committed acts of torture beyond reasonable doubt may be difficult, but state institutions must he held accountable, Jeehan said, adding that the Maldives needs a reconciliation effort to end a culture of impunity and ensure non recurrence.

No confidence

The TVA has collected 125 statements of torture, and submitted 25 cases to the HRCM on February 6, 2012 – the day before the controversial resignation of President Mohamed Nasheed, himself a well-publicised victim of torture during his time as a pro-democracy activist.

President of TVA Ahmed Naseem said survivors do not believe they will get justice with the present judiciary.

“After all they went through, all the humiliation they suffered, if the courts say this is nonsense, then they will be in a worse situation than before. They will go nuts. We cannot take chances. We cannot afford to humiliate them,” said Naseem.

“People still have nightmares, people’s lives have been destroyed, families have been broken. We cannot let these people down. So we have to wait,” he added.

Naseem suggested enough evidence existed to hold state institutions accountable. The former National Security Services had a punishment book or ‘Adhabu Foi’ which contained details of state sanctioned torture, he said.

But with the return of former President Maumoon Abdul Gayoom’s party to power, there is no longer any political will to address the past, Naseem said. “The culprits are in government now.”

Vice President Dr Mohamed Jameel Ahmed, during a UN Human Rights Council in 2012, admitted to a history of torture, but said: “As a government we believe we have an independent judiciary. We leave it to the victims to invoke these instances before a court of law.”

The government cannot afford compensation for victims, said Dr Jameel – then Home Minister.

The UNHRC has urged the Maldives to set up an Independent Commission of Inquiry to conduct criminal investigations and ensure compensation for all victims of torture.

In defense of the accused

The Maldives Police Services is the only institution in the country with a forensics laboratory, but the HRCM is unable to use forensics services when the police is the institution that stands accused of torture, Jeehan said.

The state hires and pays lawyer fees on behalf of the accused, and refuses to take disciplinary measures such as suspension until investigations are complete.

“The system does not work to protect the victim. Even simple steps, such as suspending the accused until investigations are complete could show the government’s commitment to end torture and brutality.”

The state’s defense of the accused deters witnesses from the accused institution from coming forward, Jeehan continued.

“They are not protected from bullying within the institution either. Documents are lost – and witness statements by all officers match up word to word. The only evidence then are the statements by civilians who saw brutality. With this imbalance, getting redress is a difficult task.”

Former Police Integrity Commission (PIC) President Shahindha Ismail has also said the Maldives Police Services tends to protect its employees when they are accused of brutality.

“There have been cases where evidence has been tampered with. This shows the police, as an institution, does not want to end this culture of brutality. It appears to promote it instead,” she said.

Shahindha also said limited resources and limited powers hamper the state’s independent institutions, noting that the PIC cannot take direct disciplinary action against a police officer accused of human rights violations.

“There is no political will to end torture. Despite a hiatus in police brutality from period 2009- 2011, the culture of brutality was never erased within the institution,” she said.

Shahindha has called on the government to purge employees accused of torture.

Reconciliation

Jeehan said state institutions must recognise victims of torture and offer them compensation, noting that failure to prove torture in the courtroom only exacerbates impunity and a lack of confidence in institutions.

The state must begin public interest litigation on behalf of multiple victims of torture and start a reconciliation effort, she said.

“With civil compensation, even though individuals may not be held accountable, the state institution will be held accountable. It would constitute some form of recognition for the victim, that the act of violence indeed did happen.”

She called for reconciliation mechanisms that allow both perpetrators and victims to deal with the past, as well as acknowledging the suffering caused on a national level.

“It allows society to move on, provides political stability and social coherence. It is a platform that allows society to resolve differences and hold discussions.”

“The younger generations still do not know what had happened in their history – it will provide them with answers. Social coherence cannot exist with all of these unresolved questions,” said Jeehan

Shahindha said judicial reform and political will is required for victims to receive justice.

“This may take a long time. Time for mature politics to be established in the country. Until then, the victims remain victims, caged in their trauma. They cannot be termed survivors until they receive redress.”

The UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul in a 2013 report said unless serious human rights violations of Maldives’ authoritarian past are addressed, there could be more instability and unrest in the country.

“Impunity affects democracy, the rule of law, and the enjoyment of human rights in a radical way, and undermines the people’s trust in state institutions,” read the report.

“States bear a responsibility not only to investigate violations of human rights, but also to ensure the right of victims to know the truth, to provide adequate reparation and to take all reasonable steps to ensure non-recurrence of the said violations. Addressing past violations could help the Maldives move forward and develop the justice system intended in the Constitution of 2008.”

Watch Esa’s testimony here. Watch Saeed’s testimony here.

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MPs debate raising state disability benefits

Parliament began preliminary debate today on an amendment submitted by Adhaalath Party MP Anara Naeem to the Disabilities Act to raise the monthly allowance provided by the state to persons with special needs from MVR2,000 (US$150) to MVR5,000 (US$324).

Presenting the legislation to the Majlis floor, the MP for Makunudhoo said persons with special needs deserved the same “care and protection” provided by the state to the elderly, referring to the current administration raising old age pensions to MVR5,000 a month in March this year.

Anara suggested that MVR2,000 a month was not sufficient to cover the expenses of children with special needs, who require special care and attention.

“I believe it is very important in the Maldives to determine allowances to the neediest in an equal manner. That is because sometimes a person’s means are not considered when subsidies are given [and] we see subsidies given to rich or well-off people,” she said.

Anara also referred to Article 35(b) of the constitution, which states, “Elderly and disadvantaged persons are entitled to protection and special assistance from the family, the community and the state.”

In some cases, she continued, if medical treatment is provided to children with special needs at infancy, they could “grow up as normal children.”

However, specialised services for children with special needs – such as speech therapy and physiotherapy – were not available in the Maldives, she added, while parents sent children to the special needs school in the capital “only to fill time.”

Debate

While all MPs who spoke in the ensuing debate supported the amendment, Jumhooree Party MP Ilham Ahmed suggested that the government could dismiss a few deputy ministers and coordinators – who he claimed earn MVR35,000 (US$2,269) a month – and use the savings to send specialised teachers to islands.

Progressive Party of Maldives MP Ali Arif noted that there were 5,100 persons in the national registry on persons with special needs, concurring that the monthly allowance should be raised to help parents of children with special needs as they were often forced to stay home to care for the child.

Opposition Maldivian Democratic Party MP Abdul Ghafoor Moosa argued that persons with special needs as well as single parents should receive the same monthly allowance as the elderly.

Ghafoor also urged the government to consider introducing unemployment benefits and a minimum wage, which he suggested should not be lower than state benefits.

In May, hundreds of people gave testimony to the Human Rights Commission of the Maldives’ (HRCM) ‘National Inquiry on Access to Education for Children with Disabilities’.

Parents spoke of the state’s failure to provide medical services and education to children with special needs whilst private services were costly. A single diagnostic assessment costs MVR5,000 and an hour of therapy costs MVR500, neither of which are covered by the ‘Aasandha’ health care scheme.

According to the HRCM, statistics from 2009 indicate that, out of 2250 children with disabilities, only 230 were attending schools at the time.

Citing a 2010 report by the HRCM and the UNDP, the US State Department’s 2013 Human Rights Report on the Maldives noted that “most schools accepted only children with very limited to moderate disabilities and not those with more serious disabilities.”

“Children with disabilities had virtually no access or transition to secondary-level education. Only three psychiatrists, two of them foreign, worked in the country, and they primarily worked on drug rehabilitation. No mental health care was available in Malé. There also was a lack of quality residential care,” the report stated.

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