Category: Society & Culture

Government pursues legal reforms with cabinet shake-up

The government has appointed Aishath Bisham as Attorney General (AG) to replace Azima Shukoor, who has taken the role of Minister of Gender, Family and Human Rights to oversee legal reforms previously proposed by the government.

President’s Office Media Secretary Masood Imad confirmed that the government had decided to transfer Shukoor as part of commitments to potentially end the use of flogging as a punishment for sexual offences – a practice it previously alleged serves to punish victims of rape and abuse in some cases.

Bisham’s appointment as AG comes as an Avaaz.org petition calling for a moratorium on flogging and better laws to protect women and girls in the Maldives reached more than two million signatures – more than twice the number of tourists who visit the country each year.

The campaign stems from concerns over the Juvenile Court’s sentencing of a 15 year-old girl to be flogged after she confessed to authorities of having consensual sex with an unknown man during investigations into a separate case of abuse.  The abuse was allegedly carried out by her stepfather.

Sources on Feydhoo in Shaviyani Atoll, where the 15 year-old girl originates from, last month told Minivan News that concerns had been raised by islanders since 2009 that the minor had allegedly been the victim of sexual abuse not just by her stepfather, but by a number of other unidentified men on the island.

During her time in the Attorney General (AG’s) Office, Azima Shukoor appealed the court’s decision regarding the minor’s sentence. Meanwhile, international pressure has continued to mount on the government to review the charges against the girl and push for reforms of how sexual offences are dealt with by the local court system.

President Dr Mohamed Waheed’s government has previously criticised the sentence, but warned this week that any form of boycott such as those proposed by Azaaz would serve to setback to the economic opportunities and rights we are all striving to uphold for women, girls and the hardworking Maldivian people in general.”

In a letter published on Minivan News on Saturday (April 6), Avaaz.org Executive Director Ricken Patel insisted that the organisation had not called for a outright tourism boycott.

“What we do stand ready to do, however, is to inform tourists about what action is and isn’t being taken by the Maldives government to resolve this issue and change the law, and to identify those MPs and resort owners who are using their influence to push for positive change – and those who are not,” Patel said.

“Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly,” he added.

Legal reform

The President’s Office has previously expressed hope that punishments such as flogging would be debated by relevant authorities to try and find an amicable solution to the problem.

The Maldives Constitution does not allow any law that contradicts the tenets of Islam, with the criminal charge of fornication outlined under Islamic Sharia.

However, President’s Office Spokesperson Masood previously noted that the Maldives had a tradition of turning away from practices such as the death sentence and various forms corporal punishment that form part of Sharia law.

He said that punishments such as removing the hand of a suspect in the case of theft had not been used since back in the 1960′s.  Masood maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

He concluded that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

Avoiding prosecution

A senior legal expert with experience of working under both the present and former governments has told Minivan News that that while the Maldives Constitution requires that laws in the country do not contradict Islamic Sharia, there were ways of avoiding prosecuting suspects on charges of fornication.

“There are many Islamic legal interpretations that place several conditions to fulfill before a prosecution on fornication be brought forward. Some scholars even go further and argue that hudood offences cannot be practiced in the legal justice systems at the current time,” claimed the legal source, who spoke on condition of anonymity.

“Their argument is that Islamic Sharia is a way of life and you cannot pick and choose which areas you need to implement. Basically, you cannot implement Islamic criminal justice system in its original form when Islamic commercial system or Islamic governance is not observed.”

Despite his government’s stance on flogging, President Waheed’s Gaumee Ithihaad Party (GIP) has recently declared itself part of a coalition with the religious conservative Adhaalath Party (AP), which has publicly endorsed the 15 year-old’s flogging sentence, stating that she“deserves the punishment” as outlined under Islamic Sharia.

The Adhaalath party, members of which largely dominate the Maldives’ Ministry of Islamic Affairs, stated that the sentence of flogging had not been passed against the minor for being sexually abused by her stepfather, but rather for the consensual sex which she had confessed to having to authorities.

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Tourism boycott would be “setback for economic rights of women” says President, as Avaaz petition reaches two million

President Dr Mohamed Waheed has issued a statement warning that calls for a boycott on tourism over the flogging sentence for a 15 year-old rape victim “will only serve as a setback to the economic opportunities and rights we are all striving to uphold for women, girls and the hardworking Maldivian people in general.”

The President’s statement comes as an Avaaz.org petition calling for a moratorium on flogging and better laws to protect women and girls in the Maldives reached more than two million signatures – more than twice the number of tourists who visit the country each year.

In a letter published on Minivan News on Saturday, Avaaz.org Executive Director Ricken Patel insisted that the organisation had not called for a outright tourism boycott.

“What we do stand ready to do, however, is to inform tourists about what action is and isn’t being taken by the Maldives government to resolve this issue and change the law, and to identify those MPs and resort owners who are using their influence to push for positive change – and those who are not,” Patel said.

“Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly,” he added.

President Waheed meanwhile thanked the international community “for their concern” in the case, noting that Attorney General Azima Shukoor had met the girl “and she is receiving the appropriate physical and psychological counseling.”

“This case should never have been presented in the courts and we are working to ensure that cases like this are never brought to the courts again,” President Waheed said.

“We appreciate the international compassion for this young woman and ask for your patience as this case moves through the judicial system. As both the President and as a father, I am fully committed to protecting and advancing the rights of women and girls in the Maldives and throughout the world and share your deep concern about this young victim,” he said.

“The Maldives is a young democracy working to balance our religious faith with our new democratic values. I ask that you support us and join us as partners as we work through this challenge.”

President Waheed’s Gaumee Ithihaad Party (GIP) has meanwhile declared itself in coalition with the religious conservative Adhaalath Party (AP), which has publicly endorsed the 15 year-old’s flogging sentence, stating that she “deserves the punishment” as outlined under Islamic Sharia.

The Adhaalath party, members of which largely dominate the Maldives’ Ministry of Islamic Affairs, stated that the sentence of flogging had not been passed against the minor for being sexually abused by her stepfather, but rather for the consensual sex which she had confessed to having to authorities.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” read a recent statement from the party.

“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.

A previous call for a moratorium on the flogging of women for the crime of extramarital sex was raised by UN Human Rights Commissioner Navi Pillay during an address to parliament in 2011.

Following her address, demonstrators gathered outside the UN building holding placards calling for Pillay to be “arrested”, “flogged” and “slain”.

Pillay’s statement was publicly condemned by the Progressive Party of the Maldives (PPM), Islamic Ministry, MPs and religious NGOs, while the Adhaalath Party called on then President Mohamed Nasheed to condemn Pillay’s statements “at least to show to the people that there is no irreligious agenda of President Nasheed and senior government officials behind this.”

“What’s there to discuss about flogging? There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God,” said Foreign Minister Ahmed Naseem at the time.

More recently, a  report on extremism in the Maldives published in US West Point military academy’s Combating Terrorism Center (CTC) Sentinel has warned that growing religious extremism and political uncertainty in the country risk negatively affecting the country’s tourism industry.

“Despite its reputation as an idyllic paradise popular among Western tourists, political and religious developments in the Maldives should be monitored closely,” the report concluded.

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Maldives Media Council submitting case against President’s Office “to create a free media”

The Maldives Media Council (MMC) has voted to submit a case against the President’s Office to “create a free media” in light of the discriminatory treatment of Raajje TV.

The President’s Office is violating equal rights by not inviting the opposition-aligned TV station Raajje TV to events and has not been adhering to the MMC’s requests that it give equal opportunities to all media, the MMC Secretariat told Minivan News (April 9).

The case will be submitted to the Prosecutor General’s (PG) office April 10.

“MMC members have voted to submit the case. Members have a strong feeling that it is a necessary step to take in order to create a free media in the Maldives,” said the MMC Secretariat.

The MMC has been very active the past two months trying to solve these problems and is now sending the case to the PG, Raajje TV Deputy Chief Executive Officer Abdulla Yamin told Minivan News.

The President’s Office has not been inviting Raajje TV to press conferences, has denied reporters entry press events in the President’s Office, and has not sent the channel any government press statements, Yamin claimed.

The President’s Office also asked government ministries and state-owned companies not to give information to Raajje TV and for these companies to stop providing private sponsorship to the media outlet.

Yamin said that they had observed this treatment was particular only to their channel.

“The President’s Office said they have not invited us because it is their privilege to decide whether to invite Raajje TV or not,” said Yamin.

“We are talking about rights granted in the constitution, not a privilege. There must be a situation [in the Maldives] where independent media can run.

“Article 28 of the constitution guarantees the right to freedom of the press and article 29 assures the right to freedom of information,” Yamin declared.

Yamin explained that the MCC had acted as a mediator to try and resolve the lack of cooperation shown by the President’s Office to Raajje TV.

“The President’s Office said if we do certain things they will cooperate. However, then the President’s Office is forcing their influence on our editorial policy,” said Yamin.

“We are not going to negotiate our constitutionally guaranteed right to information,” he added.

Ongoing government discrimination

Raajje TV filed a case against the President’s Office in the Civil Court in September 2012, complaining that the station had been boycotted from official events. Yamin expects the civil court to issue their verdict later this week.

Raajje TV also submitted a case to the parliamentary committee on government accountability regarding the president’s office discriminating against the media outlet. Parliament invited the president’s office to attend the committee twice, but never received a response, according to Yamin.

Additionally, Raajje TV lodged a complaint against the Maldives Broadcasting Commission (MBC) with the Anti Corruption Commission (ACC), alleging it was “using its power to give benefits” to other TV channels by providing them funding.

The Maldives Broadcasting Commission (MBC) was contacted by the ACC regarding the matter, but did not respond, according to Yamin.

“The MBC have not done anything regarding our right to information. They should be working on these issues to make sure rights are assured,” said Yamin.

Minister of Home Affairs Mohamed Jameel Ahmed previously named Raajje TV as an “enemy of state” in a press conference held in July, the same day on which the Maldives Police Services publicly stated its refusal to provide cooperation or protection to the channel.

Raajje TV also filed a case against the Maldives Police Services in September 2012 over their decision to deny cooperation or protection to the channel. In February 2013, the Civil Court ruled that the decision by the Maldives Police Service to cease cooperating with Raajje TV was unconstitutional.

Dismissing the police argument that it had the sole discretion to decide who to invite to press conferences and functions, the court stated that the action more resembled a deliberate attempt to limit the constitutional rights of freedom of expression, freedom of media and the right to information.

Raajje TV believes this verdict will apply to the President’s Office as well.

“If the court is fair and balanced a similar verdict will come. I believe the court won’t be that corrupt because the constitution and laws are clear. It’s written in black and white,” Yamin said.

Raajje TV is one of the five private broadcasters in the country and is the only television station aligned with the opposition Maldivian Democratic Party (MDP). The TV station has come under substantial pressure and criticism from groups including the government and political parties aligned with it.

RaajjeTV has been the subject of continuous verbal attacks by the state following the transfer of power in February.

In early August 2012, Raajje TV’s control room was sabotaged by intruders.

Press freedom organisation Reporters Without Borders at the time condemned this attack, stating “This targeted and well-prepared operation was the foreseeable culmination of the new government’s escalating verbal attacks on Raajje TV. How the authorities respond will be seen as a test of their commitment to media pluralism.”

The President’s Office Media Secretary Masood Imad and the Maldives Broadcasting Commission were not responding to calls at time of press.

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“Alarming” level of child abuse, neglect prompt Gender Ministry to push for guardianship amendment

Children’s neglect and abuse have increased to an “alarming level”, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment that would transfer parental guardianship of children in cases of negligence.

The Ministry submitted the amendment to the president’s office Sunday (April 7), which would allow for strict legal action to be taken against neglectful parents, and guardianship to be transferred within the principles of Islamic Shari’a, according to local media.

Acting Gender Minister, Attorney General Aishath Azima Shakoor, said 59 cases of child sexual abuse were reported to the Gender Ministry in March and 37 of the abused children were transferred into state care.

She urged politicians and journalists to give more attention to the problem since “cases of neglect and abuse of children have increased to an alarming level”.

The number of babies abandoned after birth is also increasing, according to Minister of State for Gender and Family Dr Aminath Rameela. She noted “with dismay” that this “is being done by people with good jobs”.

Shakoor emphasised that “strict legal action” will be taken against parents who neglect their children.

“This is a situation the whole [Maldivian] society needs to take care of. Things need to be done to rehabilitate these children back into society,” said Shakoor.

“Non-profit organisations and private individuals should assume the responsibility of taking care of children who are abandoned by their parents until the children can be taken under the care of the state,” Shakoor added.

She said that close to 80 children were currently in the Villingili island orphanage ‘Kudakudhunge Hiya’ and that parents visit with gifts, but their children are “sad” the visits are brief.

The Ministry of Gender, Family and Human Rights, as well as the President’s Office were not responding to calls at time of press.

Problems with state care

The Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal previously stressed to Minivan News that the number of incidents occurring at state institutions caring for children were greatly concerning.

“Incidents are occurring repeatedly. Children under the care of the state need a safe environment; it’s a concerning issue.

“The fact is there is no special shelter or place for girls in trouble with the law. HRCM has raised the issue several times – both the need for education as well as psycho-social support and counselling,” Tholal added.

He said the Maldivian government has a responsibility to protect children from being “systemically” victimised, and once the state has been notified, children should not be put back in a situation of neglect or abuse.

“Vulnerable children are often from difficult families or are abandoned and are victimised over and over again. Currently [government] support is haphazard, and we are not properly equipped. A safety net needs to be established,” stated Tholal.

In March 2013, the Maldives’ Gender Ministry admitted transferring two children from the Villlingili island orphanage ‘Kudakudhunge Hiya’ to the Centre for People with Mental Disability on the island of Guraidhoo, without determining if they were in fact special needs children.

Earlier in March, police returned seven underage girls who escaped from the ‘Kudakudhinge Hiya’ orphanage on Villingili, otherwise known as Villi-Male’. Local newspaper ‘Haveeru’ reported another two girls who escaped from the orphanage were found on a ‘bokkura’ – a small local vessel – in the lagoon near Villingili with two boys.

In January 2013, an incident occurred where two underage females living in the Villingili orphanage were arrested and sent to Maafushi prison.

The parliamentary committee investigating their arrest learned that all concerning authorities had neglected their duties and responsibilities to protect the rights of children.

In 2011, police arrested a female staff member working at the Villingili children’s home, after she allegedly physically abused a boy living in the centre.

In October 2010, the Maldives Police Service and the Health Ministry commenced a joint investigation into “serious issues” concerning the mistreatment of children at Kudakudhinge Hiya, the only orphanage in the Maldives

Children’s rights

Tholal explained that the only other institutions for children are for boys, the Maafushi island Education and Training Centre for Children (ETCC) and Feydhoo Finolhu, a Correctional Training Centre for Children run by the Juvenile Justice Unit (JJU) of the Ministry of Home Affairs and the Maldives Police Service’s Child Protection Unit.

Acute staffing and budget shortfalls combined with the lack of children’s rights education and the exclusion of children’s feedback have “deprived [residents] of their liberty”. Staff caring for the children are often excluded from important decisions impacting children’s quality of life at the facilities, a recent HRCM report stated.

The report, ‘Child Participation in the Maldives: An assessment of knowledge’, highlights numerous participation and protection policy deficiencies putting Maldivian children at serious risk of harm.

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Foreign workers locked in house after allegedly “refusing to work and attempting to flee”

Police have discovered six foreign workers locked in a house after they were reportedly accused “of refusing to work and attempting to flee”.

All six of the male workers were found in a house located in the Male’ neighbourhood of Henveiru, according to local media.

While responding to a report made by a foreigner, the police discovered the the workers at approximately 10:30am Monday (April 8).

As the foreign workers exited the house, spectators claimed the workers had refused to do their jobs and as a result had not been receiving their salaries. The man responsible for the workers was also present, reported local media.

Immigration Controller Dr Mohamed Ali told Minivan News that police were investigating the case and would report back to the Department of Immigration and Emigration.

“We are working on it,” Ali said.

Police Spokesperson Chief Inspector Hassan Haneef was not responding to calls at time of press.

The workers’ nationalities, the conditions of their employment and housing have yet to be confirmed.

Migrant workers

Last week the Department of Immigration said 57 unregistered foreign workers were detained by police on April 1 and were being processed by authorities ahead of a decision on whether they will face deportation.

In February, a Maldivian trade union alleged that corrupt immigration practices and the use of unregulated employment agencies by private and state employers was limiting efforts to curb abuse of migrant workers and prevent illegal practices such as retaining their passports.

The Tourism Employees Association of Maldives (TEAM) claimed that while companies are not permitted to retain the passports of foreign workers, some hospitality operators – as well as unregulated third party agencies and government ministries – are still keeping employee travel documents without consent.

At the same time, a source with knowledge of the current immigration system told Minivan News that the practice of retaining passports – a long-standing habit of Maldivian employers – was a key contributor to human trafficking in the country.

In May 2012, a total of 47 Bangladeshi nationals working for a local security firm were seized by the Department of Immigration as part of a wider crackdown on unregistered migrant workers.

Immigration officials at the time claimed that the company the men had been working for had been in operation for 10 -12 years, yet no information could be found on its operations during a subsequent investigation by authorities.

In 2010, it was claimed that the exploitation of foreign workers in the Maldives rivals fishing as the most profitable sector in the Maldivian economy after tourism.

Human trafficking

The Maldives has appeared on the US State Department’s Tier Two Watch List for Human Trafficking consecutively for three years. Should the Maldives drop to tier three – the worst category – then the country is expected to face significant reductions in aid and potential travel restrictions on its citizens.

The Maldivian government recently launched a special campaign intended to raise awareness of foreign workers’ rights, while earlier this year eight “fundamental” International Labour Organisation (ILO) conventions were ratified in order to bring legislation on employee rights and trade unions in line with international standards.

However, independent institutions in the Maldives have maintained that the country – under successive governments – has yet to ratify a core convention on protecting migrant worker rights, while no legislation is in place to punish those involved in smuggling workers though the country’s borders.

The Prosecutor General (PG’s) Office has also confirmed that a lack of legislation has meant no cases have been prosecuted against human traffickers in the Maldives at present.

Meanwhile, the Human Rights Commission of Maldives (HRCM) has accused state and private sector employers in the country of lacking consistency in their efforts to address human trafficking, preventing “real” change in controlling illegal migration.

In January, President Waheed expressed concern about the rising number immigrants in the Maldives, claiming that the “foreign influence” threatens the country’s “Maldivianness”.

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Ministers slam Nasheed for “bluffing” over guesthouse commitments

Former President Mohamed Nasheed’s pledge to expand guest house tourism in the country has been strongly criticised by senior government figures, who accuse him of lacking sincerity and “bluffing” over his commitments to mid-market tourism.

State Minister for Finance Abbas Adil Riza and Minister for Tourism Ahmed Adheeb both this week slammed Nasheed, claiming guesthouse bed numbers more than doubled last year after President Dr Mohamed Waheed came to power.

The ministers, who represent the government-aligned Gaumee Ithihaad Party (GIP) and  the Progressive Party of Maldives respectively, also criticised Nasheed over previous remarks he made in international media calling for a boycott of the country’s tourism sector.

However, Nasheed’s Maldivian Democratic Party (MDP) has claimed that after reintroducing the guesthouse concept to the Maldives during its administration, the party’s latest manifesto gave further importance to growing mid-market tourism.  The MDP claims such growth will be vital to tackling what it called a “total disconnect” between the lucrative island resort model and local people.

With the inclusion of development of small and medium businesses – particularly in the emerging guesthouse sector – in a “mini-manifesto” drawn up by the MDP, mid-market tourism has emerged as a key potential issue for elections in September 2013.

Bed numbers

Speaking to Minivan News, Abbas Adil Riza accused Nasheed of lying in regards to his commitments to mid-market tourism development, criticising him for a wider failure to protect small and medium businesses in the country.

“My concern is that Nasheed is bluffing. Between 2009 to 2011, there were 16 new guest houses built,” he said, claiming these properties amounted to some 180 tourism beds.

Abbas said that in 2012 alone, the number of guesthouse beds available to tourists in the country had almost doubled as a result of programs implemented by the Waheed government to provide smaller-scale loans leading to 37 guest houses being developed.

“During Nasheed’s administration, outsiders were given public land and there was no funding supplied,” he said. “After February 7, we gave small-scale loans to 37 individuals.”

Abbas also accused former President Nasheed of failing to support small and medium enterprises and local industry in general.

He added that small and medium scale businesses had to be set up in harmony with local culture and traditions, particularly on small islands.

“He can’t just say that he is the champion of these things,” Abbas added.

Boycott concerns

Traditional holiday staples for large numbers of tourists coming to the Maldives, including being able to wear bikinis and drinking alcohol, are not permitted by law on local islands that are classed as being inhabited.

Speaking to local media, both Abbas and Tourism Minister Adheeb have hit out at claims by the MDP published in international media last year calling for travellers to boycott Maldives tourism.

Adheeb told Sun Online that Nasheed had not made sense by previously calling for the promotion of guest houses in the build up to this year’s presidential election after calling for a boycott last year.

“President Nasheed had made a global call to boycott Maldives tourism, and now he is calling to promote guest house businesses, targeted at Maldives tourism. This does not make sense,” he was quoted as saying.

Nasheed last year called for a tourism boycott of the Maldives, as he continued to question the legitimacy of the government of President Waheeed – his former vice president.

However, these calls were soon dropped by Nasheed and supporters of the now opposition MDP.

The Ministry of Tourism last year fell short of its stated aim of welcoming one million visitors to the country during 2012, citing difficulties resulting from media coverage of political turmoil following the change of government that brought President Dr Mohamed Waheed to office.

However, authorities in the country have since pledged to surpass the one million visitor goal in 2013, claiming late last year that the “hard days” were over for tourism in the country following 2012′s political turmoil.

Despite this stance, as part of a so-called silent protest at this year’s ITB event, anti-government campaigners distributed leaflets entitled ‘the cloudy side of life‘ – a play on the country’s official ‘Sunny Side of Life’ tourism slogan to draw attention to alleged human rights violations under the new government.

“Paradigm shift”

MDP MP and Spokesperson Hamid Abdul Ghafoor responded that Nasheed’s government had sought to reintroduce and expand guest houses in the Maldives – a development the party claimed was needed to bring a “paradigm shift” in general thinking and economic development in the Maldives.

After 40 years of concentrating primarily on exclusive island-based resort tourism, Hamid accused former President Maumoon Abdul Gayoom during his 30 years of power of creating a “total disconnect” between local people and the country’s famous high-end tourism product.

“They local people Islamic rhetoric while talking something very different to tourists,” he claimed.

Pointing to the ‘mini-manifesto’ released by the MDP in the build up to this year’s elections, Hamid claimed that was capacity for an additional 600,00 tourists to travel to the Maldives annually, yet there was not enough options to accommodate them.

“All across this country, you see that many islands are ready for [middle-market tourism]. There are impressive cafes. People who have worked in the tourism industry are setting up businesses based on their experiences,” he said. “Tourism is very much a business we know and some of these places are quite sophisticated.”

As part of the MDP’s election pledge, Hamid claimed that some MVR120 million was set to be pledged as part of a policy to provide “seed money” to help establish guest houses and supporting industries.

He said that guest houses have always been a central policy of the MDP to support national development.

By comparison, Hamid claimed that before coming to power, the previous government under former President Gayoom had tried to paint tourism on local islands as “haraam” to discourage interest and investment.

He claimed such a strategy was overseen by certain resort owners and tourism magnates alleged by the MDP to being central in bringing the present government to power on February 7, 2012.  Nasheed himself resigned following a mutiny by sections of the police and military.

Both Nasheed and the MDP have continued to contend that the transfer of power was a “coup d’etat”, despite the findings of a Commonwealth-backed Commission of National Inquiry (CNI) last year.

Responding to the party’s previous reported support for a tourism boycott, MP Hamid claimed the party had always committed itself to what it called selective boycotts – rather than calling for tourists to outright reject the destination.

“We are not saying that all resort operators are bad. But some of them were directly involved in the coup and have sought to exploit their positions,” he said.

Hamid denied the party had sought to boycott the industry outright, claiming instead to be targeting resort owners that he alleged ran their businesses unethically in the style of “cartels”.

Nasheed’s tourism potential

Just last month, in an open-editorial piece reprinted in Minivan News, former President Nasheed claimed that only 50 people directly profited from the resort industry in the Maldives, limiting what he claimed were a wealth of economic and social policies.

“What the average Maldivian wants is basic. We want a way to increase our income. We want to broaden our narrow financial horizons through development.

It is not that we lack this capacity to develop. We have plentiful natural resources. If we settle for the current economic status quo, believing that what we have now is the limit to what we are entitled to, it will mean that our true wealth potential remains untapped,” he wrote at the time.

“What the MDP and I have always pointed out is this basic fact: we want to develop. To upgrade beyond the current status quo. The ordinary Maldivian’s complaint is that of poverty, of financial anxiety. We want a wallet with the wads; we want to realise that financial progress is possible. The political office is a place that should offer solutions to these complaints. This is its responsibility and obligation.”

Meanwhile, an island owner involved in the country’s burgeoning mid-market holiday sector last week slammed new regulations imposing financial restrictions on tourism joint venture projects with the government, claiming the legislation outright excludes small and medium-scale investors.

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High blood pressure “silent killer” of one in 10 Maldivians

High blood pressure is the leading risk factor for Maldivian deaths, and is much more prevalent among women than men nationwide.

One in 10 deaths in the Maldives, equaling over 100 yearly, can be attributed to this “silent killer” which often presents no symptoms.

High blood pressure – also referred to as hypertension – is a condition where blood vessels have a persistently raised pressure which can lead to heart attacks, heart failure, stroke, kidney failure, loss of vision, and premature death.

In the Maldives 32.9 percent of women, compared to 29.7 percent of men, are affected by hypertension, although the prevalence of men with hypertension is higher regionally and globally.

Hypertension has been increasing over the past decade in the Maldives. Economic progress has caused lifestyles to change drastically, reads a World Health Organisation (WHO) World Health Day report.

“In the era of globalisation, all countries are interrelated, rapid urbanisation, transition from agrarian life to wage-earning, and modern city life are considered to be the major contributors in the elevated blood pressure in urban areas,” WHO Representative Dr Akjemal Magtymova told Minivan News.

Unhealthy lifestyle and behavior risk factors for hypertension have increased, including consumption of processed foods containing excessive salt, low levels of physical activity, tobacco use, and obesity.

“Increasing levels of mental stress contribute to the adoption of unhealthy behaviors thus putting people at a higher risk of acquiring hypertension and related noncommunicable diseases,” the WHO South-East Asia Regional Director Dr Samlee Plianbangchang stated in his World Health Day 2013 message.

Magtymova explained “Some of the factors that may contribute to the higher prevalence of hypertension among Maldivian women include: no enough physical activity (affecting 41 percent of women in the Maldives compared with 37 percent of men), unhealthy diet (higher intake of salt, sugar and fat, – total cholesterol level in women is higher than in men), higher stress level, malnutrition in childhood and during reproductive age.”

For both men and women the prevalence of being overweight or obese is the highest in the Maldives compared to other countries in the South-East Asia Region.

“The 2008 data from the Maldives shows that among the adult population, 53 percent of women are overweight and 30 percent of men are overweight,” said Magtymova.

Over the past 14 years there has been an increasing trend of hypertension at the Indira Gandhi Memorial Hospital (IGMH), physician Dr Ali Abdul Latheef explained in the WHO World Health Day report.

“What is alarming is that we now see a lot of young hypertensive patients. Many patients are in their early thirties and sometimes as young as early twenties,” said Dr Latheef.

Prevention

High blood pressure is both preventable and treatable, but remains a growing global public health issue, which is why ‘control your blood pressure’ is the WHO’s World Health Day 2013 (April 7) theme.

The WHO recommends at least 150 minutes of moderate physical exercise weekly to prevent diseases like hypertension, according to the WHO World Health Day article.

Eating a healthy diet including fruits and vegetables, while reducing salt and processed foods is also important.

Stopping tobacco use and reducing harmful alcohol intake must also be addressed.

However, regular blood pressure checkups are essential, because there are rarely warning signs of hypertension and it can also develop as blood vessels harden with age.

Magtymova stated the WHO recommends implementing evidence based strategies to address all behavioral risk factors for preventing hypertension.

“High level commitment is needed to reverse the growing burden of noncommunicable diseases in the Maldives.

“The WHO is assisting the Government of Maldives and working closely with the Ministry of Health to improve available data on risk factors, prevalence and trends, as well as address risk factors by establishing preventative measures,” said Magtymova.

She further detailed that the WHO closely collaborates and supports non-governmental organisations (NGOs), such as the Diabetes Society of Maldives, SHE (Society of Health Education), Aged Care, the Autism Association, and Care Society.

Magtymova emphasised “A multi-sectoral approach is a key in addressing prevention and control of noncommunicable diseases as many determinants of non-communicable disease lie outside of the health sector.”

Thus, other UN agencies are also promoting healthy lifestyles, eating habits, school health education, as well as monitoring trends in malnutrition among children and mothers.

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Comment: Maldivian leaders must act now to protect women, girls and the country’s reputation

In the last two weeks, nearly two million people across the world – including many people in the Maldives – have reacted in horror to the tragic story of a 15-year-old rape victim sentenced to be publicly flogged.

Sadly, this terrible case highlights a wider injustice: the yawning gap between the punishments applied to men and women in the Maldives.

A 2007 study by the Maldivian government’s own Ministry of Gender and Family showed that as many as one in three women between the ages of 15 and 49 have suffered either physical or sexual abuse. And fornication requires both a man and a woman, but 90% of those sentenced to flogging in the Maldives in 2011 were women.

How is this situation a reflection of justice, Islamic or any other kind?

It’s a good sign that the president has called on the attorney general to review the case of the 15-year-old girl, and that current laws and child protection mechanisms are being reviewed. But the citizens who signed this petition want to see further action: they want to know that other vulnerable women and girls in this country never have to go through such an ordeal. As we know, this is not the first time an incident like this has occurred: a similar sentence was handed out to a 14-year old during the last government.

This is why the petition calls for a moratorium on flogging and better laws to protect women and girls. It does so not to challenge the principles of Islamic law – in fact many people from across the Muslim world, including Indonesia, Pakistan, Turkey and Egypt have signed it, many of whom are practicing Muslims themselves and do not see flogging as ingrained in sharia law. This petition is not anti-Islamic justice: it’s pro-justice, particularly justice for women.

Contrary to some reports, the petition is also not an attack on the Maldivian people. Far from it. We stand in solidarity with the many Maldivians who are very concerned about this case, and the campaign urges the country’s leaders to act quickly to rescue the Maldives’ image, before this tragic case does any more damage to the vital tourist trade.

Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly. Richard Branson, head of Virgin Holidays groups and Virgin Airways, has warned of “enormous damage” to the country’s reputation unless serious action is taken.

Much of the media coverage has focused on a threatened “tourism boycott” – but we have never called for a full boycott of the important tourist trade and we’re engaging with the government right now to get action. What we do stand ready to do, however, is to inform tourists about what action is and isn’t being taken by the Maldives government to resolve this issue and change the law, and to identify those MPs and resort owners who are using their influence to push for positive change – and those who are not.

Furthermore, this petition is not aligned with any particular political party or faction in the Maldives. Avaaz is a 20 million strong global organisation that has campaigned for justice across the world on issues of the environment, human rights and conflict. One our most successful campaigns last year was to get countries to back Palestine’s bid for UN statehood – in the face of powerful, well-financed opposition from Israel and the United States.

There are countries that have poorer records when it comes to defending women’s rights, but when extreme cases spark the global public conscience it is crucial to call for respect for basic human rights whether it is the US, India or the Maldives. And this is just one of many battles for women’s rights Avaaz members have fought globally. In Afghanistan and Somalia, we’ve helped protect young women who bravely spoke out about horrific rapes by security forces; across the world, from India to the United States, we’ve lobbied for real action to counter the growing ‘rape trade’ in trafficked women and girls. This petition is part of that wider cause; to address flagrant injustices against women worldwide, and to build a better world for our mothers, sisters, daughters and wives.

Nearly a million tourists visit the Maldives every year because this country is known as a peaceful, romantic paradise. Now, double that number have signed this petition and that reputation is in jeopardy. But it’s not too late to rescue it. The Maldives is on a journey of democratic improvement. We want to support that journey.

Right now, it’s in the hands of the President and the People’s Majlis to protect Maldivian women – not only by ensuring this sentence is quickly overturned and this girl freed, but by speaking out against flogging now, and ensuring a bill that ends flogging and upholds girls and women’s right is tabled in parliament.

The fate of Maldivian women and girls, and the country’s progress and reputation, lies in their hands.

Ricken Patel is the executive director of Avaaz.org

This letter was first offered to Haveeru, SunOnline and Channel News Maldives, all of which declined the invitation to publish it.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Fair trial for Nasheed “difficult to see” when judicial bench “cherrypicked to convict”: BHRC trial observers

Read the BHRC’s second independent trial observation

The UK’s Bar Human Rights Committee (BHRC) has expressed “serious concern” over the appointment of judges by the Judicial Services Commission (JSC) in the trial of former President Mohamed Nasheed.

Accounts of the appointment process, “if accurate, suggest egregious unconstitutional behaviour by the JSC in selecting the judicial bench to hear Mr Nasheed’s case,” stated BHRC Executive Committee member Blinne Ní Ghrálaigh, who visited the Maldives to observe recent proceedings against Nasheed.

The committee has conducted several independent trial observations of proceedings involving the former President, who is charged over the detention of Chief Judge of the Criminal Court, Abdulla Mohamed, during the final days of his presidency.

Nasheed and his Maldivian Democratic Party (MDP) maintain that the charges are a politically motivated attempt to prevent him contesting the 2013 presidential elections, challenging both the legitimacy of the Hulhumale’ Magistrate Court hearing the case, and the JSC’s appointment of judges to the case. The JSC itself includes several of Nasheed’s direct political opponents, including rival presidential candidate, resort tycoon Gasim Ibrahim.

The Nasheed trial was meanwhile suspended by Chief Judge of the High Court last week pending a ruling into the legitimacy of the bench’s appointment – an action which led all other High Court judges to file a complaint against the Chief Judge with the JSC.

“It is difficult to see how proceedings presided over by a judicial bench, cherrypicked for their likelihood to convict by a highly politicised JSC, which includes a number of Mr Nasheed’s direct political rivals, could in any way be deemed to comply with constitutional and international fair trial rights, including the right to an ‘independent court established by law’,” stated Ghrálaigh, in her concluding remarks.

“The BHRC welcomes the current investigation by Parliament’s Independent Commission’s Oversight Committee into the judicial selection process in the case, but notes with concern the refusal by the JSC to cooperate with that investigation,” she added.

“Lack of transparency in the constitution of judicial benches and in the assignment of cases fundamentally undermines the proper administration of justice: fair trial guarantees and the requirements of natural justice demand not only that justice be done, but that it be seen to be done,” her report states.

The report provides a detailed overview of state of the judiciary and political context in the lead up to Nasheed’s resignation and prosecution.

Ghrálaigh states that given concerns about the JSC’s politicisation and “serious questions” concerning its appointment of judges to the Hulhumale’ Magistrate Court, “it is perhaps surprising that the court should have decided of its own motion (“ex proprio motu”) to deny the request made by Mr Nasheed’s legal team to postpone the proceedings until after the elections, in the absence of any objection by the prosecuting authorities to such an adjournment.”

“Although there is nothing to prohibit courts from making decisions governing their process ex proprio motu, the allegations concerning the manner of selection of the Hulhumalé Magistrates’ Court panel render the Court’s stated reasoning for its decision all the more disquieting,” she stated.

The BHRC was not seeking to downplay the seriousness of the charges against Nasheed, she noted.

“However, what is clear is that the case is far from straightforward. Central both to the context of Judge Abdulla’s arrest and to the nature of the criminal proceedings against the former president are fundamental questions of judicial independence in the Maldives.”

“The charge against Mr Nasheed is that he acted “in a manner contrary to law” in ordering the arrest and detention of a senior judge. Although the details of the prosecution case have yet to be set out, it is clear that the Article 81 offence with which Mr Nasheed is charged is not a trivial one,” the report states.

“The BHRC notes with concern the increasing number of reports and statements by international bodies, including those referenced in this report, which conclude that the Maldives does not have an independent and impartial judiciary,” the report states.

“The BHRC further notes the view inside and outside the Maldives that the failure by the institutions of the State, in particular the JSC, properly to implement constitutionally mandated reforms to create an impartial judiciary, independent from political pressures, and the failure properly to investigate and/or sanction allegations of egregious, unlawful and/or unconstitutional judicial conduct, have served significantly to derail the State’s transition to a functioning constitutional democracy,”

Given extensive local and international concern over the state of the Maldivian judiciary, Ghrálaigh observes that the context for the criminalisation of Nasheed’s detention of Judge Abdulla, hangs on whether the Chief Judge is, as stipulated by Article 81 under which Nasheed is being charge, “an innocent person”.

“It is against that background, and in the context of a number of serious complaints against Judge Abdulla, that the order for his arrest was made. That background is intrinsically bound up in the nature of the charge against Mr Nasheed: the wording of Article 81, which criminalises a public servant for “us[ing] the authority of his office to intentionally arrest or detain an[…] innocent person contrary to the law” suggests that the context to the arrest, and in particular the allegations against Judge Abdulla, will necessarily be central to the determination of the charges against the former President,” the BHRC report states.

Ghrálaigh notes that the JSC was “also subject to significant criticism for its failure properly to oversee individual complaints against individual judges. One judge against whom a number of serious complaints were levied was Judge Abdulla, accused inter alia of “implicat[ion] in 14 cases of obstruction of policy duty”, including “strategically delaying cases involving opposition [Gayoom loyalist] members”, “twist[ing] and interpret[ing] laws so they could not be enforced against certain politicians”, “accepting bribes to release convicts”13 and “hijack[ing] the whole court”.

“I was informed that a JSC complaints committee charged in December 2009 with investigating Judge Abdulla, failed to issue any findings, following an injunction sought by, and granted to the judge by the Civil Court, preventing his further investigation by the JSC and/or the publication of any report concerning his conduct,” Ghrálaigh noted.

The JSC, responsible for reappointing judges including Judge Abdulla in 2010 at the conclusion of the constitutional interim period, “failed properly ‘to fulfill its constitutional mandate of proper vetting and reappointing of judicial candidates’, a failure regarding which international bodies, including the International Commission of Jurists, have expressed concern,” she added.

“Rather, in August 2010, amidst much controversy, it proceeded to confirm almost every Gayoom-regime judge, qualified or not, in office for life, finding that the constitutional provisions regarding judicial appointment were merely “symbolic”.

“Consequently, the Maldivian judiciary remains largely unchanged since the country’s transition to a constitutional democracy: the vast majority of judges in office, including Judge Abdulla, are political appointees of former President Gayoom, and many still lack any formal training in law.”

Furthermore, “The blocking in the People’s Majlis of key pieces of legislation including the Penal Code and the Criminal Evidence Act, that would provide for equality and uniformity in the application of a codified body of law, means that mainly untrained judges continue to wield considerable discretion in their determination of cases.”

Read the BHRC’s second independent trial observation

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