Category: Society & Culture

Fiqh Academy VP condemns Sexual Offenses Bill for conditional criminalisation of marital rape

Dr Mohamed Iyaz Abdul Latheef, Vice President of the Maldives Fiqh Academy has condemned the recently passed Sexual Offenses Bill for conditional recognition of marital rape as a crime, and advised members of People’s Majlis who voted for the bill to repent.

Answering a question requesting for comments on the bill Dr Iyaz said on “mvislamqa.com” – a local Islamic Questions and Answers website – that it is a great religious obligation upon the wife to give the husband his “marital rights” when he is in need of it.

“With the exception of forbidden forms of sexual intercourse, such as during menstrual periods and anal intercourse, it is not permissible under any circumstance for a woman to refrain from it when the husband is in need.” Quoting a Hadith (sayings attributed to Prophet Muhammad) he said a woman should respond to her husband “even if she was at the kitchen stove”.

Warning of the dangers of denying it, Iyaz quoted another Hadith which states that if a husband spends the night angry with his wife, “angels will curse the woman till daylight”.

However he instructed men to be gentle with women if a health issue is causing her pain, and said in such cases women will not be cursed by angels.

The bill does not generally recognise marital rape, but it makes four exceptions where marital rape is recognised;

1. while a case for dissolution of the marriage is in a court
2. while the divorce filed by either husband or wife is pending a court
3. sexual intercourse to intentionally transmit a sexually transmitted disease
4. during a mutually agreed separation (without divorce)

Among these, the conditions and penalties for the first situation are lenient in contrast to the other three exceptions. Marital rape under normal circumstances will not be recognised as a crime even if the bill is ratified.

Referring to the conditions outlined, Dr Iyaz said that even if a woman has filed for divorce, she must still show “complete obedience to her husband”, including in having sexual intercourse with him.

The same will apply, he said, even after divorce during i’ddah (waiting period) following a revocable divorce. In case of such a divorce the man can resume the marriage by simply having sexual intercourse with her, and the woman’s consent is not necessary in resuming the marriage, he said.

However, Iyaz noted that the woman has a right to raise the issue with a judge if the man’s intention of resuming the marriage seem to be abuse.

Dr Iyaz – who is currently campaigning for People’s Majlis Hulhuhenveiru seat – said that penalties clearly stated in Islamic Shariah, such as flogging and stoning to death, cannot be replaced. “No legislative assembly has the authority to change that”.

Concluding his answer he advised everyone who voted for the bill to repent.

The bill, passed by the People’s Majlis on 30 December 2013, states that it is not a replacement for Shariah and if there is a Shariah penalty for an offense covered by the bill, it shall be applied along with the Shariah penalty.

It was drafted and proposed by Kulhudhufushi Dhekunu MP Mohamed Nasheed in October 2012, and is now awaiting ratification by the president after which it will come into force. It  covers sexual offences ranging from adultery, sexual acts between two people of the same sex, with family member, animals and even corpses.

A 2007 study by Ministry of Gender and Family revealed that in Maldives 58.2% women agree that they are obliged to have sex with their husbands even if they don’t want to and 29.3% women that took part in the study believed it is acceptable for a husband to beat his wife for refusing sex.

Likes(2)Dislikes(0)

“Good response” to voluntary repatriation program

On average one hundred workers are registering for the Department of Immigration and Emigration’s ongoing voluntary repatriation program for undocumented migrant workers each day, the department has said.

Speaking to Minivan News today, Deputy CEO of of the department Abdulla Munaz said although response had been low initially, more workers are registering now with more than 250 workers requesting for registration by Monday afternoon.

The voluntary repatriation program was designed to provide an opportunity for undocumented migrant workers to return to Maldives within six months and arrange their travel documents with ease.

If undocumented workers are deported they would not be allowed to return for ten years.

The program started on 23 December and will continue till 31 December 2013, and will reopen from 5 – 6 January 2014. Registration will go on from 0900hrs – 1700hrs on these days at Dharumavantha School, Male’.

Workers will be sent back to their countries within two days of registration. Repatriation under this program is voluntary and on the workers’ own expense. The government expects to repatriate between 5,000 – 10,000 workers.

Munaz said there are some undocumented workers who are in that situation because they were mistreated by local employers, and the department will start more rigorous monitoring and taking action against locals who employ and harbor undocumented workers.

“Our goal is not to take action against as many people, but this is a national issue and we will do whatever it takes to tackle this.” Munaz said.

He said that starting from January 2014, action will be taken against employers who are reported for not paying salaries for two consecutive months.

Instead of blacklisting agencies for malpractices, the department will start to ban the person responsible for such activity from future recruitment and will work with the Labor Relations Authority and Maldives Police Service to take all necessary action against such individuals.

The Immigration Act empowers the department to fine anyone who contravenes the act with an amount not exceeding MVR 50,000/- and the Controller of Immigration is given the authority of with \holding such a person’s passport.

Under the “Work Visa Regulation” the Controller of Immigration and Emigration has the authority to deport all migrant workers employed by an employer who contravenes the regulation. And with the Anti Human Trafficking Act coming to power, agencies and employers involved in acts of trafficking, exploitation and debt bondage will face criminal charges.

A connection between increasing number of undocumented migrant workers have been suggested by the Human Right Commission of the Maldives and the US State Department who have put Maldives on their Tier Two Watch List for Human Trafficking for the fourth consecutive time this year.

The Human Rights Commission of the Maldives earlier this year expressed concern over a mass repatriation program, saying that the state should provide such workers with their due wages and compensation before sending them off. A Labor Relations Authority and a Employment Tribunal was established under the Employment Act created to address such issues.

Likes(2)Dislikes(0)

Police to invalidate roadworthiness of vehicles that do not meet standards

The police have today said that they will start a special operation from January 1 to check vehicles to see if they meet the standards set by the Transport Ministry and invalidate the roadworthiness of vehicles that do not meet the standards.

In a statement issued today the police said that vehicles that do not meet the standards can only drive after correcting the issues with their vehicles.

Police said that the operation will be conducted in accordance with regulations made to test roadworthiness of vehicles made under the Act number 5/2009 Motor Vehicle Act.

According to the statement, during the operation police will check if the brakes work properly, if the silencer is modified to make loud noises, if the rear mirrors are installed and if all the lights work properly.

Police also said that they will invalidate the roadworthiness of vehicles that have black smoke coming out from the exhaust, vehicles that have installed loud sound producing tools, vehicles that have installed extra lights other than the ones that are there when the vehicle was bought, vehicles that have changed the colors of lights that are stated in the laws to be in a specific color and vehicles that leak oil.

Furthermore, the police reminded all drivers to see if their vehicles meet the roadworthiness standards required by the transport ministry.

Police have been advising drivers of vehicles that do not meet the standards to correct them during the traffic operations police have been conducting, the police added.

Police stated that the objective of the operation to check the roadworthiness of vehicles was to ensure the citizens that the roads are safe.

In the statement the police thanked all the citizens for their cooperation to police.

Likes(0)Dislikes(0)

Inmates to work on Thilafushi road construction

Fifty inmates are to start work on a road construction project on industrial Thilafushi Island on Saturday as part of a re-integration program, the Ministry of Home Affairs has said.

Speaking at a Monday night event on President Abdulla Yameen Abdul Gayoom’s policies on youth development, Home Minister Umar Naseer said 70 percent of Maldivian prisoners fit into the youth demographic.

“There is no country in the world where detainees are not made to work. This administration’s aim is to make detainees in our jails work in various government projects. To bring them out of their current situation,” the Home Minister said.

When criminals remain in detention without work, society is deprived of major youth contribution, and forces the government to employ foreign laborers, Naseer said. Further, the state spends a high amount on prisoner care, while families of prisoners are driven to financially difficult situations, he said.

While the labour program is voluntary, detainees will be selected based on their disciplinary records while in prison and suitability for the work. They will be paid a stipend; half of which will be taken for development of the detention centers, and detainees will be given the choice to either save the remaining earnings or to send it to their families.

Naseer predicted that by the end of 2014, 400 out of 730 detainees will be working on some project, thereby preparing them for reintegration into society.

In order to prepare detainees for such work, vocational training programs will be introduced in Maafushi Island prison in the near future, he also said. The program will desensitize them to work environments, and hone a number of skills.

“Through these trainings we will be able to create electricians, air conditioning unit repairmen, and many other skilled workers. Our hope is that someday, society will benefit from services by those currently in our prisons,” he said.

DPRS to oversee detainee workers

According to the Home Ministry, the Department of Penitentiary and Rehabilitation Services (DPRS) are to oversee the program.

State Minister for Home Affairs Hussain Manik Dhon Manik said DPRS guards will keep watch over inmates and emphasized that special focus would be given to ensure that detainees do not have any opportunity to smuggle in illegal drugs or other contraband into the prisons.

“We will not be negligent in any aspect of guarding detainees. We will not allow any illegal acts to be carried out even in their work environments,” he asserted.

Likes(0)Dislikes(0)

World’s largest floating book fair docks in Malé

Additional reporting by Daniel Bosley

The Logos Hope – dubbed the “world’s largest floating book fair” – operated by the German Christian charitable organization GBA Ships is currently visiting the Maldives as part of the vessel’s tour around the world.

According to the Logos Hope website, the original Logos had visited the country forty years ago – in 1973.

“Many in the Maldives still remember stepping on board Logos as children in 1973 or the visit of Doulos in 1998,” read a statement released on the group’s website.

“It is very special that we can return after many years with a bigger ship,” Logos Hope Director Lloyd Nicholas was quoted as saying.

“It’s a newer ship but still with the same purpose, same good books and with a desire to serve in the countries Logos Hope visits.” He added.

Beginning life as a car ferry in 1973, the vessel spent its first 30 operating ferry services around northern Europe and Scandinvia, before being bought and refurbished by GBA Ships in 2003 .

After the completion of renovations in 2009, the Logos Hope has travelled the globe – taking in the Caribbean, the Middle East and South East Asia – promoting GBA’s goal of spreading education and quality literature.

GBA – Gute Bücher für Alle or ‘Good Books for All’ – claims to have welcomed over 42 million people in 150 countries aboard its numerous vessels since 1970, making 1400 ports of call, and offering training to around 10,000 young people.

An official reception was held yesterday to open the book fair which was attended by Minister of Youth & Sports, Mohamed Maleeh Jamal, as well as other senior government officials

A large number of Maldivians were seen boarding the ship and buying books as well as enjoying the cheap coffee available at the ship’s International Cafe’ – staffed by the Logos Hope’s all-volunteer crew.

Minivan News observed that all purchases made from the ship were checked by customs official present, before being taken out of the ship. According to an official on the Vessel, all purchases above MVR6,000 (US$389.10) were subject to custom duties.

Some book shelves on board had been sealed off, making their content unavailable to Maldivian visitors. GBA normally makes Christian literature available to shoppers, however, materials deemed “offensive to Islam” are prohibited in the Maldives.

According to the organisation’s website, Logos Hope’s book fair will be open to the public until the evening of Friday, December 20. The ship is docked in Malé’s commercial harbour area.

Likes(1)Dislikes(0)

Germany grants €3million for climate protection project

The governments of the Maldives and Germany yesterday signed a climate protection agreement that will see the granting of €3million from the European partner.

Launching the scheme at the Ministry of Environment and Energy, the Minister of State for Environment and Energy Abdul Matheen Mohamed expressed his gratitude to Ms. Randa Kourieh-Ranarivelo – Sri Lanka Country Director for German development firm GIZ – who signed the agreement on behalf of the German government.

GIZ – ‘Deutsche Gesellschaft für Internationale Zusammenarbeit’ or the German Society for International Cooperation – is a corporation working in close alignment with the German Federal Ministry for Economic Cooperation and Development.

“The physical component under this project is to install photo voltaic (PV) systems in Raa atoll Ungoofaru island and Dhaalu atoll Kudahuvadhoo island,” a press release from the ministry explained.

“Under this project 119 kW of grid connected PV system will be installed in Ungoofaaru and 166 kW of grid connected PV system will be installed in Kudahuvadhoo.”

Whilst €800,000 is allocated for the solar panel project, the remaining allocation will go towards ‘soft components’ such as preparing a renewable energy investment guideline and developing low-carbon guidelines for resorts.

The ministry expects the physical component of the project to begin in February and for the work to be completed in 6 months.

The Maldives was pledged a further €4million from the European Union earlier this month to address climate change in the low-lying island nation.

In a recent report titled ‘Turn Down The Heat’, the World Bank reasserted the urgent need for concerted efforts to support the Maldives in adapting to climate change, due to a projected sea level rise of 115 centimetres by 2090.

In the document, a 4 degree Celsius (7.2 degrees Fahrenheit) global temperature increase was predicted by the end of the 21st century unless concerted action is taken immediately.

Based on the report’s findings, the World Bank has highlighted the urgent need for concerted efforts to support the Maldives in adapting to climate change.

As one of the lowest-lying countries in the world, with an average elevation of 1.5 meters above sea level, the Maldives is extremely vulnerable to the effects of climate change, such as sea level rise.

“The Maldives is one of the most vulnerable nations to climate change impacts and has set best practice examples in adapting to climate change consequences,” stated Ivan Rossignol, World Bank Acting Country Director for Sri Lanka and the Maldives.

The current administration, under recently elected President Abdulla Yameen, is in the process of formulating a series of 100-day goals, though it has yet to set-out clear policies on the environment.

Climate change failed to feature in either Yameen’s, nor this main challenger Mohamed Nasheed’s election campaigns.

Former President Nasheed’s efforts to raise awareness of climate change – most notably at the 2009 Climate Change Forum in Copenhagen –  brought international acclaim and significant donor aid to the Maldives.

Likes(0)Dislikes(0)

HRCM introduces benchmark for migrant worker rights

Coinciding with the International Migrants Day, the Human Rights Commission of the Maldives (HRCM) has launched a national benchmark for protecting migrant worker rights.

The benchmark was launched by HRCM President Mariyam Azra and Deputy Minister of Human Resources, Youth and Sports Naaif Shawkath at a ceremony held at Nasandhura Palace Hotel today.

Officials from various stakeholder institutions such as the Maldives Police Service and the Immigration Department were present at the ceremony, later taking part in a forum to discuss the utilisation of this benchmark in their work.

According to the commission, the purpose of having such a benchmark is to encourage protection of the rights of migrant workers and to provide a guideline highlighting the basic human rights principles to be followed.

It is based on the constitution of the Maldives, the Universal Declaration of Human Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) and other human rights conventions to which the Maldives is a party.

While most of these standards are already obligations on the state, the benchmark itself is not something state institutions are obliged to follow, though the commission members noted the government’s willingness to accept it.

Speaking at the launching ceremony, commission member Jeehan Mahmood said she hoped all institutions would use it as a tool for protecting the rights of migrant workers. She noted the positive response from these institutions in meetings held within past few days to discuss the benchmark’s use in their work.

Advising the government in “formulation of laws, regulations and administrative codes concerning the promotion of a high regard for human rights and the protection and sustenance of such rights” is stated as a key function of the commission in the Human Rights Commission Act.

Speaking at the benchmark launching ceremony Deputy Minister Naaif advised all relevant institutions to accept the benchmark, and thanked HRCM for developing it. He said following it will standardise the work of all institutions.

In a press release issued today, the HRCM called on the state to facilitate implementation of  the recently ratified Anti Human Trafficking Act and reiterated their call to ratify and implement ICRMW as as soon as possible. The Maldives has agreed to ratify and implement this convention on various occasions.

The HRCM has cited the issue of healthcare as major challenge for undocumented migrant workers living in Maldives. According to a video presentation given at the ceremony, such workers hesitate to see a doctor even if they can afford to.

The video also showed that, out of all complaints submitted to the commission regarding rights of migrant workers, 68 percent of cases involved non-payment of wages, unfair expulsions, and the failure to provide food and shelter. 18 percent of cases were said to concern health issues while in detention.

Among other complaints received by the commission are the withholding of travel documents and work visas, refusing leave from work, and the termination of employment contracts without prior notice.

While there is no accurate official figures of the migrant worker population in the Maldives, the highest estimates suggest that it crossed the 100,000 mark in 2011, whilst the number of undocumented migrant workers have been placed as high as 44,000.

These numbers indicate that migrant workers might now represent more than one third of the total population.

The country was this year kept on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year, with promises that demotion to the third tier would be guaranteed in 2014 without significant progress being made.

Likes(0)Dislikes(0)

Vice-president announces unlimited health insurance from January 1

Vice President Dr Mohamed Jameel Ahmed has announced the government’s intention to introduce unlimited health insurance – ‘Husnuvaa Aasandha’ – on January 1.

Speaking at the launch of the government’s 100 day manifesto for the Ministry of Health, Jameel promised that the government’s pledge to provide a General Practitioner for every family would also be introduced in the new year.

One month on from the inauguration of President Abdulla Yameen, the government has produced similar 100 day roadmaps in a number of departments, including transport, immigration, and the security forces.

The current scheme – introduced under the administration of President Mohamed Nasheed – set a limit of MVR100,000 (US$6,485) annually for health services for all Maldivian nationals from hospitals and health centres operated by health corporations as well as private hospitals and clinics.

The initial scheme soon proved costlier than the government had envisioned, however, with hundreds reaching their entitlement limit within just a few months. Rocketing demand for services saw a reported 7000-8000 people using the scheme every day, at a cost of up to MVR3 million (US$194,552).

Caps were subsequently introduced on medicines and certain services provided in private clinics and hospitals as well as fees introduced for services at private clinics.

Vice President Jameel said last night called on the private sector to aid the government in providing affordable healthcare.

A recent World Bank report noted that a total of 276,033 citizens – around 84 percent of the population – had used the Aasandha service in its first year, representing about 2.8 percent of 2012’s GDP.

“Overall, a total of about 3.6 million transactions were recorded in the first year that represented an average 13.2 transactions per patient, a relatively high figure for a country with a predominantly young population and limited availability of medical service providers,” said the World Bank.

The same report – the ‘Maldives Development Update’  – described the country as “spending beyond its means”.

At present, public debt stands at an “unsustainable” 81 percent of GDP, the report stated projecting the debt will rise further to about 96 percent by 2015.

The World Bank saw the fiscal sustainability of the Aasandha scheme as its major challenge, offering a series of recommendations to achieve this.

“Substantive savings could be achieved without significantly compromising coverage and quality of services by re-designing the scheme with a focus on provider incentives.”

The World Bank went on to suggest that the bulk purchase of essential and generic drugs could reduce the costs of the scheme, as could tighter controls on overseas treatments.

Jameel has previously acknowledged that a lack services has forced many Maldivians to live abroad for medical purposes, pledging chemotherapy in the public Indira Ghandi Memorial Hospital, as well as nine dialysis units.

He has also promised that screening to diagnose cervical cancer would be introduced under a government insurance scheme.

Jameel had previously stated that the specifics of the government’s health proposals would begin “as soon as we get the budget for it”. The details of the 2014 budget continue to be discussed in the Majlis, with the final draft due to be presented to the full chamber at the end of the week.

Likes(0)Dislikes(0)

Fiqh Academy reveals opinion on abortion

The Fiqh Academy of Maldives has today issued its opinion on abortion, stating that the situations in which they believe abortion is allowed under Islam.

According to the academy, if a woman gets raped – regardless of whether marriage to the man is allowed under Islam – abortion is allowed if it is carried out within the first 120 days.

The academy further stated that if a woman whose medical conditions is not good enough to hold a baby in her womb gets raped by a man then abortion is allowed if it is carried out in the first 120 days.

The academy was first established in 2009 under President Mohamed Nasheed’s administration, and was dissolved and then re-established by President Dr Mohamed Waheed Hassan.

The current nine-member academy is composed of two councils – the Shariah Council and an Advisory Council. Members are appointed by the president and the academy’s main function is to act as an advisory body on issues of Islamic jurisprudence and Shariah law.

The fourth situation stated in which they viewed abortion as being allowed was if the doctors are sure that the baby might have serious health conditions such as thalassemia, sickle cell, or any other serious medical condition that cannot be cured by medicine.

The only situation where abortion is allowed after the first 120 days was if the mother’s health condition was critical and doctors were forced to save either the baby or the mother.

The Fiqh Academy also said that abortion is allowed in the first four situations, if carried out within 120 days of pregnancy because the fetus would not have soul inside but after 120 days the soul will enter the fetus and thereafter it should be considered as living.

The Academy has issued eight rulings since it’s establishment and also suggested amendments to the draft Penal Code while it was open for public comments.  People’s Majlis’  Penal Code drafting committee rejected all but one of the proposed amendments.

Since 2011 there have been an increase in the amount of abandoned babies reported by the media.

On May 5, 2011, a dead infant was found in a plastic bag in the swimming track area of Male’. A medical examination later concluded that the baby had sustained cuts, bruises and other wounds.

On May 21, 2011, the corpse of a premature baby boy was discovered inside a Coast Milk tin on the island of Villingli.

Police Sub-Inspector Shiyam at the time told told Minivan News that the dead child, believed by forensic examiners to have been born three months premature, was discovered in a discarded container near the power house area of the island.

On May 22, 2011, the body of a newborn baby boy discovered in a park in Hulhumale’ was found with underwear tied tightly around his neck.

Likes(0)Dislikes(0)