Category: Society & Culture

Defence lawyer of minor sentenced to flogging appeals case in High Court

The defence lawyer for a 15 year-old rape victim who was sentenced to flogging after the Juvenile Court found her guilty of fornication, has appealed the case at the High Court today.

Attorney General Aishath Aziam Shukoor told local media today (April 1) that the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.

The Attorney General said the Juvenile Court ruling was in violation of Islamic Sharia as it had not considered psychological reports produced to the court.

The 15 year-old child was now under the charge of the ‘Kudakudhinge Hiya’ orphanage on Villingili, she revealed.

President Mohamed Waheed’s government has previously criticised the verdict, pledging in January to review the use of flogging as a punishment for sexual offences – a practice it alleged in some cases actually serves to punish victims of rape and abuse.

Sources from the girl’s island of Feydhoo in Shaviyani Atoll told Minivan News previously that concerns had been raised by islanders since 2009 that the minor was allegedly the victim of sexual abuse not just by her stepfather, but an unidentified number of other men on the island.

The case has brought international attention to the country’s legal system, including the launch of an online Avaaz.org petition signed by 1.7 million people that threatens to boycott Maldivian tourism, as well as public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

In June 2012, the girl gave birth to a baby which was later discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder. Her mother was meanwhile charged with concealing a crime and failing to report child sexual abuse to the authorities.

On February 26, 2013, the 15-year-old was convicted of premarital sex at the Juvenile Court and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man during the investigation.

President Waheed’s  stated on his official Twitter account at the time: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

However, the religious Adhaalath Party (AP) – which largely makes up the ranks of the Islamic Ministry and with which President Waheed’s Gaumee Ithiaad Party (GIP) last week entered into a coalition – has endorsed the sentence.

“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 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.

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Widespread ‘secret’ slaughter of endangered sea turtles despite ban; “very tasty” say killers

Sea turtles are being slaughtered en masse in the Maldives with no action taken by authorities to uphold local conservation laws or adhere to international agreements to protect the endangered species.

A photo of one such slaughter taken earlier this year and obtained by Minivan News shows dozens of dead sea turtles on a dhoni (local boat).

The Maldives is home to five species of sea turtles. Protecting the endangered species is crucial for maintaining environmental health and functioning – and by extension human health – in the Maldives. Without this keystone species the unique Maldivian ecosystems – ocean, reef, sea grass, and coasts – would cease to exist altogether.

Reports of sea turtle slaughter, hatchlings kept as pets, and nests destroyed for egg collection are commonplace in the Maldives despite the government recognising the problem through national legislation and international agreements.

Kakaaeriyadhoo killing

Approximately 90-180 sea turtles have been killed this year by locals from Kan’ditheemu island in Shaviyani Atoll, who have been traveling to the nearby uninhabited island of Kakaaeriyadhoo to slaughter the turtles and take their eggs, an informed source told Minivan News.

“This is a well known nesting island and every night a group is going and hunting the turtles. It is so obvious, every day since January one or two are killed,” the source stated.

“They wait for them to nest on the island, or go snorkeling to hunt them. Even on Kan’ditheemu sea turtles that come into the sea grass area are killed.

“The police know about this as well as the Kan’ditheemu Island Council, who say there is nothing they can do.

“More local awareness is needed and actions need to be taken by the authorities, like issuing fines and jail time. The lack of monitoring is challenge. Additionally, fishing vessels that participate in sea turtle slaughter should be held for a time as punishment,” the source suggested.

According to the source, the Shaviyani Atoll Council is not caring for the uninhabited islands and there is no longer a caretaker for Kakaaeriyadhoo.

One individual who admitted to killing sea turtles but would not provide his identity, told Minivan News why the sea turtle slaughter occurs.

“Sea turtles have very tasty fat and meat, but it’s very rare to get. There are not enough turtles in the sea,” the source said. “The killing is done very, very secretly.”

The source acknowledged the legal prohibitions against killing endangered sea turtles, but remains undeterred. He also explained this sentiment is common nationwide, so sea turtle killing often goes unreported.

“I don’t know why the government is not taking the issue very seriously. If the government doesn’t worry, then why should we worry? I’ve never heard of anyone prosecuted or arrested, ever,” the source declared.

“People don’t know how important turtles are for the environment. Even youth don’t know that’s the truth.

“People are not very aware of legal things. If anyone sees [or knows of] someone killing turtles, they won’t report it. Communities are very small and no one wants their friends, colleagues, cousins etc, to get arrested. You’d feel guilty,” the source added.

Government disavows knowledge: “No one complains legally”

Kan’ditheemu Island Council President Nasrulla told Minivan News that the sea turtle killing is not “directly an issue” because “no one has complained legally”.

“It’s a secret thing. People go at night time,” Nasrulla stated.

“No one has officially reported this. It’s all been rumors,” he added.

No reports have been filed according to Shaviyani Atoll Council President Moosa Fathy.

Fathy explained the Ministry of Fisheries and Agriculture is responsible for regulating uninhabited islands.

“They have the authority to give any island to a particular person for a long term lease or they can ask a caretaker to look after the island,” Fathy stated.

“Atoll councils have not been given the [uninhabited] islands in any atoll. It’s not our duty according to article 153 of the Decentralisation Act.

“The Attorney General has to do this within six months, but it’s been nearly three years now. The Local Government Authority and the Ministry of Finance and Treasury have to do a lot.

“We cannot lease to any person or change any agreements. Two or three years before an uninhabited island would be given to a caretaker, but those agreements are not valid now,” he added.

Minister of Fisheries and Agriculture Ahmed Shafeeu told Minivan News that the ministry has not received any reports of sea turtle slaughter from the Kan’ditheemu Island Council or Shaviyani Atoll Council, but said he would look into the matter.

Shafeeu explained that in February 2012, the Fisheries Ministry handed over uninhabited island care to the atoll councils. The councils are expected to assign caretakers and look over leases issued by the ministry.

“It’s their responsibility to properly look after these islands. However, it’s not a requirement that someone always has to be stationed there,” Shafeeu stated.

“There are issues with atoll councils taking responsibility for uninhabited islands as per the law. They are reluctant because they have not been given the authority to lease these islands,” he added.

Shafeeu emphasised that anyone identified or suspected to be participating in sea turtle killing should be reported to the police, who should take action to enforce the law.

“Sea turtle capture and slaughter are unlawful – it’s completely forbidden. They are protected. It is a criminal offense and there are penalties for that.

“Any responsible authorities that receive any reports that come, need to attend to it immediately. Any responsible person can report directly to the police,” Shafeeu added.

In late 2012, 104 hatchling sea turtles were taken from Kakaaeriyadhoo in Shaviyani Atoll and sold to islanders on Kan’ditheemu.

Earlier in 2012, a marine biologist working in the Baa Atoll UNESCO Biosphere Reserve reported the discovery of the remains of a baby shark and endangered sea turtle barbecue on the uninhabited island of Funadhoo, one of the country’s 14 priority nesting beaches legally protected under Maldivian law.

In 2010, sea turtles were discovered dead on the beach of Laabadhoo island in Gaafu Dhaalu Atoll, cut open for their eggs and left to rot on the sand.

Culture of killing

Environmental conservationist and Kan’ditheemu resident Hassan Solah discussed the endemic problem of sea turtle slaughter with Minivan News.

“This is illegal, but no one is following the law. They kill the sea turtles for the body fat and eggs. All the meat is thrown away.”

The turtle fat and derived oil is believed to be an aphrodisiac that works similarly to erectile dysfunction drugs, such as viagra.

Solah explained this belief is common throughout the Maldives and the ‘aphrodisiac’ oil is referred to as ‘theyokundi’ or ‘velaakaleyya’.

Eggs are also taken from sea turtle nests or gutted from dead adult sea turtles and cooked in a similar fashion to chicken eggs. The eggs are used to make the dish ‘velaa folhi’, similar to quiche.

“It’s not a tradition to eat sea turtles. We grow up only eating tuna, garudhiya (fish soup eaten on rice), rihaakuru (fish boiled down into a thick paste), and curries are recent since they began incorporating spices from India and Sri Lanka,” stated Solah.

Conversely, a source who has participated in sea turtle slaughter explained there is a cultural history of killing turtles for their meat and fat-derived oil.

“The practice of killing sea turtles is very traditional in many ways. We eat the flesh and the fried fat,” the source stated.

“We also used to use the oil [derived from their fat] for lights in our homes. The sea turtle oil was previously put on dhonis (boats) to protect the wood from fungus.

“Island communities used to make a huge feast where everyone would eat together. People would catch six or seven turtles. This stopped around the 1980’s.

“There used to be a big store owned by the island chief. During that time if anyone caught a turtle they would have to give the oil to the shop,” the source added.

Some of these practices have stopped because “traditions change”, he said.

Crucial for Maldivian survival

Protecting endangered sea turtles is vital given the environmental pressures the Maldives already faces – which also amplify threats to turtles – such as extreme vulnerability to climate change impacts, declining fish stocks, as well as the lack of waste management and the resulting pollution on most islands.

“Sea turtles are a big part of the food chain. All species are sea grazers and keep the ocean in balance. They need to be protected and saved,” stated Solah.

“They eat jellyfish, which have become a huge problem in some parts of the world. Hawksbill turtles primarily live on the reef, while green turtles maintain the seagrass. Because sea turtles eat predators, this allows juvenile fish to grow and flourish. They also keep algae blooms in check,” he added.

Solah also explained that protecting sea turtles and leaving their nests untouched is essential for protecting coastal erosion.

“Turtles also support coastal ecosystems. When they lay their eggs, a few do not hatch. This is important for providing the shoreline with nutrients so trees are able to grow; their roots then hold the sand in place,” he said.

There is currently a nationwide ban on catching or killing sea turtles and under this moratorium 14 priority nesting beaches are protected, however collecting eggs is still permitted.

The Environmental Protection Agency (EPA) of the Maldives has voiced its concern regarding the ongoing killing and capturing of protected species, such as sea turtles, and has urged these illegal activities stop immediately.

In March of this year, the country acceded to Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This treaty aims to ensure the international trade in specimens of wild animals and plants does not threaten their survival and legally requires the Maldives to adopt domestic legislation to ensure national implementation.

The Maldives became a party to the Indian Ocean South-East Asian (IOSEA) Marine Turtle Memorandum of Understanding in July 2010. This international agreement seeks to conserve and replenish depleted marine turtle populations via an associated conservation and management plan that focuses on “reducing threats, conserving critical habitats, exchanging scientific data, increasing public awareness and participation, promoting regional cooperation, and seeking resources for implementation”.

The Maldives committed to the international Convention on Biological Diversity (CBD) in 1992, requiring the country maintain biodiversity and the conservation of endangered species. The Convention on Migratory Species (CMS) has not been ratified.

Local tourism opportunities

Keeping these ecosystems health is vital to meet Maldivian subsistence needs, as well as maintain the fishing industry and attract tourists. Both sectors account for approximately two-thirds of Maldivian GDP.

“Sea turtles are protected and by keeping their populations up, more tourism profits can be gained. Every day tourists pay a lot of money to see the turtles. They will stop to visit a local island and spend money in local businesses for a full day trip,” stated Solah.

“Instead of killing sea turtles, turtle ‘points’ should be protected, so in the future it will become popular and many dive boats and safari boats will come.

“This is what happened Ari Atoll with whale sharks. Local islanders used to hunt the whale sharks, but now they have a daily ‘show’ for tourists that explains how they used to hunt the sharks, what tools they used, and it generates lots of money from tourist excursions,” Solah added.

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Deputy Speaker Ahmed Nazim to join PPM “very soon”

People’s Alliance (PA) MP and Parliament Deputy Speaker Ahmed Nazim has revealed he intends to join Progressive Party of Maldives (PPM).

Nazim told local media that despite being PA’s parliamentary group leader, he had always worked closely with the PPM since the party’s inception in October 2011.

PA’s former president, Abdulla Yameen, was elected as PPM’s presidential candidate on Saturday (March 30) ahead of the  2013 presidential elections in September.

“PA was formed for a specific purpose wasn’t it? It was formed for the political future of Yameen as he wanted out of the DRP [Dhivehi Rayyithunge Party] at the time,” Nazim told local newspaper Haveeru.

“So when Yameen chose to further his political career through PPM the result is very clear isn’t it? However, my switch to DRP had to be put off as the political party bill was still in the parliament,” he explained.

PPM is the second largest party in the Maldives with a total of 22,765 members, according to February’s figures. The party is led by former autocratic ruler of the Maldives and half-brother of Yameen, Maumoon Abdul Gayoom.

In regards to the PA, Nazim stated that future progress of the Maldives lies with the functioning of larger parties, hence why he voted in favour of the Political Parties Act to dissolve parties with less than 10,000 members.

The Political Parties Act, ratified by President Mohamed Waheed Hassan Manik on March 12, saw a total of 11 parties removed from the Election Commission’s political parties register – including the PA.

Out of the 16 parties that had existed prior to the bill’s ratification, only the Maldivian Democratic Party (MDP), PPM, Dhivehi Rayyithunge Party, Jumhoree Party and Adhaalath Party remain registered in the Maldives.

“It doesn’t mean we shouldn’t listen to smaller parties. But if so there is a fear that it would lead to a tribal system in the Maldives,” Nazim told local media.

“If we start giving every party a seat in the cabinet and companies, the whole thing will function without a proper system. We can see that from the coalitions we’ve formed so far,” he added.

According to local media, PPM will have secured a total of 19 seats in parliament should Nazim sign to the party.

Although Nazim did not give an exact date for the switch, he told Haveeru that it would take place “very soon”.

Deputy Speaker Ahmed Nazim was not responding to calls from Minivan News at time of press.

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Yameen elected as PPM presidential candidate

Progressive Party of Maldives (PPM) Parliamentary Group Leader Abdulla Yameen has been elected as the party’s presidential candidate to compete in the upcoming national elections.

The preliminary results of the PPM’s presidential primary reveal that Yameen won with a total of 13,096 votes, beating rival candidate Umar Naseer’s 7,450 votes – a 63 percent majority, according figures quoted by local media.

A total of 31,298 PPM members were eligible to vote in the party’s presidential primary through one of the 167 ballot boxes placed in 140 islands, Sun Online reported.

Umar Naseer accepted defeat: “If it’s a free and fair election, I will always accept the final result. I believe so far the election has been fair. As I said we will know how to proceed once we assess the complaints,” he told Haveeru.

“The party won’t be divided. I believe this will further strengthen the party as this exercise shows the strength of democracy within this party.”

Former President of the Maldives and PPM President Maumoon Abdul Gayoom congratulated his half-brother, Yameen, via Twitter following the announcement of the results.

Gayoom had urged party members to take part in Saturday’s election, despite not casting a vote himself in order to remain “neutral”.

During the voting period on Saturday (March 30), Yameen told local media that certain party members had been seen inside voting centres in Male’ using foul language in an attempt to start fights and create disorder.

Private media outlet Raajje TV captured a brief scuffle on camera between supporters of the two presidential primary candidates Umar Naseer and Abdulla Yameen.

The footage shows police being brought in to control the crowd, who are dressed in the party’s pink colour scheme.

Yameen told local media shortly after casting his vote outside the Aminiya School in Male’, that despite the minor conflicts, the party would not split.

“Overall, the voting is alright. But people from within the party have entered voting centres and have tried to start fights.

“They have raised they voices, used foul language, this should not happen in an internal election. It is very sad,” Yameen was quoted as saying in Sun Online.

On Friday (March 29), Yameen’s half brother, former President of the Maldives and PPM president Maumoon Abdul Gayoom, called for PPM members to show the world what a “responsible party” the PPM is during Saturday’s primary.

Slanderous accusations

The recent internal disorder among rival supporters follows a month of increasingly heated rhetoric between the two presidential candidates.

Earlier this month, Yameen responded to several accusations made against him, claiming the “stories” to be untrue.

“I have been accused of holding large sums of money in different accounts. I’m not responding to these allegations. But the people who work with me need public confidence.

“I want to say to you, that there are several allegations targeted at me. But those allegations are baseless and unfounded. None of those stories are true. Don’t believe them,” Yameen was quoted as saying in local media.

A spokesperson for Abdulla Yameen’s ‘Yageen’ campaign team told local media on March 23 that Umar Naseer had made slanderous and “blatantly untruthful” statements about Yameen during a recent rally.

Speaking at the aforementioned rally, Naseer claimed that Yameen’s campaign team is forced to play “80 percent in defence” in order to denounce the public’s claims against him.

“We heard our brother MP [Ahmed] Nihan speaking at Yameen’s campaign rally. All he did was try to denounce what the public says about Yameen,” Naseer said at a rally held on March 15.

“Nihan said that although people allege Yameen has ties with gangs and gang violence it is not true. He said that although people say Yameen bathes with mineral water, that isn’t true either.”

An MP is trying to frame me: Umar Naseer

Earlier in March, Naseer claimed that he had received “intel” that an attempt would be made to “assassinate” his character by planting illegal substances in his offices.

Following Naseer’s initial claims, he told supporters at a rally on March 15 that an MP involved in the illegal drug business was attempting to “frame him”.

“[The MP] tried to ruin my reputation by sending police to my business offices in the pretence of looking for illegal substances. I do not get involved in such acts.

“I will not name the MP, I do not need to name him here. He is trying to hide the relations he has with gangs and his involvement in the illegal drug business.”

On March 17, a police source told Minivan News that a bottle of alcohol had been found in a car belonging to Naseer’s wife when searched by police.

Despite Umar Naseer’s comments, former President Gayoom tweeted earlier this month that external influences were attempting to split Yameen and Umar apart.

“Some people from outside PPM are trying hard to drive a wedge between Yameen and Umar. All PPM members please be alert to this,” Gayoom tweeted.

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Nexbis not consulted over US border control deal

Malaysian mobile security firm Nexbis has said it has not been consulted or provided any details regarding a Memorandum of Understanding (MOU) signed Thursday (March 28) by the US government, to provide a border control system to the Maldives.

Representatives for the Malaysian company said it was uncertain what the MOU would mean for the group’s own border control technology that has been in use since September 2012, as part of a troubled concession agreement with the Maldives government.

Nexbis signed a “legally binding” deal in 2010 to provide a customised border control system under a ‘build, operate and transfer’ agreement to Maldivian authorities that still remains in use at present. The deal is presently the subject of legal wrangling over whether the Anti-Corruption Commission (ACC) has the power to demand termination of the contract. Parliament has also voted to cancel the system, but this is subject to a court injunction.

Earlier this week, Immigration Controller Dr Mohamed Ali said it was too early to tell if the new border controls being provided for free by the US would be a direct replacement for the system provided by Nexbis.

Lawyers representing the Malaysian firm have told Minivan News that official enquiries had now been sent to the Department of Immigration and Emigration and the Maldives Ministry of Defence, while attempts were also being made to contact the government over where their agreement now stood.

“We do remain confident that the Maldivian government will honour its obligations under the 2010 concession agreement,” read a statement from lawyers representing the company.

“We are confident also of the support we have received by the Immigration Department in implementing and fully operating the system, but remain cautious of individuals that continue to pose obstacles to prevent the success of this project is stemming the national security issues faced by the Maldives today.”

The border control system project contract was awarded to Nexbis for a period of 22 years by the previous government, however, parliament voted unanimously to terminate the agreement in December 2012 over allegations of “foul play”.

Nexbis has refuted allegations of corruption, later seeking a legal injunction in the country to prevent any cancellation of the agreement while court hearings over the contract were still ongoing.

Under the concession agreement, Nexbis’ lawyers said the company continues to work with the Maldives government and immigration department to personalise the system and its various components.  The company claimed the developments were a result of its own investment in the project, with the implementation taking place at no direct cost to the government.

Under the agreement, Nexbis agreed to levy a fee of US$2 from arriving and departing passengers in exchange for installing, maintaining and upgrading its immigration system, and a fee of US$15 for every work permit card issued.

Lawyers for the company added that it planned to continue working with state officials on developing the system going forward.

“There are more features and functionality of the system that will progressively be rolled out by the Department of Immigration for nationwide enforcement, foreign worker management and automation as well as further enhancements to security that will aid the government to address human trafficking issues and illegal foreign workers,” read a statement from Nexbis representatives.

US agreement

Defence Minister Mohamed Nazim and US Ambassador to Sri Lanka and the Maldives Michele J Sison signed an MOU that will see a US technical team coming to the country next month to begin work on planning and implementing a border system, according to local media.  The system is scheduled to be installed by June this year.

Defence Minister Nazim said during the signing that the system proposed under the MOU would be provided free of charge to the Maldives in a move he estimated would save the country MVR500 million (US$35 million), according to Sun Online.

Minivan News was awaiting a response from Nazim at time of press.

Local media reported that the border controls would be based around the US Personal Identification Secure Comparison and Evaluation System (PISCES).  The same technology is reported to be used not only at US airports, but in a number of other countries including Pakistan, Afghanistan, Iraq and Thailand.

Maldivian staff are also expected to receive training on using the biometric-based system, as well as assistance with any expansion to the system in future, Sun Online has reported.

Immigration sources had told Minivan News earlier this month that the country faced a potential return to “pen and paper” border controls should the government be made to cancel its agreement with Nexbis without an adequate replacement.

Nexbis has meanwhile refuted allegations of any corruption or wrong-doing in the awarding of the contract, and said it would not rule out criminal involvement behind attempts to “sabotage” the deal.

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Amputation for theft added to draft penal code

The draft penal code bill has been amended to include punishments as prescribed in the Quran, such as amputation for theft.

The new article added during a parliamentary committee meeting Thursday (March 28) states that if someone convicted of a crime requires legal punishment, as specified in the penal code, that person will face punishment as stated in the Quran.

MP Imthiyaz Fahmy clarified the amendment to the draft penal code is about hadd punishments only and “not at all” about all Sharia offences, speaking with Minivan News today.

“Hadd offenses are already crimes in the draft penal code. However the prescribed punishments in Sharia for those particular crimes are not codified in the draft penal code, but instead they are left up to the interpretation of Sharia,” stated Fahmy.

“But to completely evade making a reference to hadd punishments or to mention that no hadd punishment at all should be imposed is impossible to the the fact that Sharia shall be one of the basis of all the laws of the Maldives,” he added.

Criminal punishments are detailed for murder, fornication, thievery and drinking alcohol.

The committee’s chairperson, MP Ahmed Hamza, told Sun Online the new draft penal code will require amputating persons convicted of theft, while a person convicted of apostasy (renouncing Islam) will also face punishment.

The bill does not include apostasy as a crime, therefore someone found guilty of this offense cannot be subjected to Quranic punishment, committee member MP Ahmed Mohamed clarified.

Gambling is also not criminalised, according to committee member MP Abdul Azeez Jamaal Aboobakuru. He told local media that the bill does not “state a manner in which such crimes can be convicted”.

Fahmy explained that Sharia law does not prescribe a hadd punishment for gambling.

The penal code draft bill does include factors that must be considered before convicting a person of murder; for example, any contradictory evidence would prevent such a conviction.

Imposing the death penalty cannot be subject only to the confession of the accused.

“Sharia does not run headlong into death penalties, amputation or stoning to death. Therefore depending on the circumstances, Sharia may avoid capital punishments,” said Fahmy.

He further clarified that Sharia punishments may be interpreted according to any of the schools of Sunni Muslims.

While interpretation of Sharia law punishments are within the purview of Maldivian judges, Fahmy believes that the current judicial system is incapable of providing Maldivian people justice, even with the new penal code.

“I do not believe the judiciary and the criminal justice system in the Maldives is capable of doing justice or able to take care of the new penal code. The judiciary is unable to ‘keep up with the Jonses’,” Fahmy stated.

The parliamentary committee’s additions to the bill follow its rejection of all but one amendment suggested by the Fiqh Academy of the Maldives.

Speaking to local media on Monday (March 25), Hamza said the committee had decided to accept only a suggestion concerning the offence of theft. Other amendments, he said, were merely changes to the wordings of the bill and carried little legal weight.

“They have submitted amendments to abolish certain sections. These include certain legal defences. When we looked into removing those defences, we found this impacted fundamental principles embedded to the draft penal code. So we decided to reject their suggestions,” he stated.

Following the decision, Vice President of the Fiqh Academy Sheikh Iyas Abdul Latheef told local newspaper Haveeru that the academy had informed parliament that current draft penal code should not be enforced in the country.

“The current draft does not include the Hadds established under Islamic Sharia. There is no mention of the death penalty for murder, the punishment of stoning for fornication, the punishment of amputation for theft and the punishment for apostasy. We proposed amendments to include these punishments,” Latheef stated.

Comments submitted by the United Nation agencies in the Maldives, Human Rights Commission of the Maldives (HRCM), and Attorney General are being considered and incorporated into the draft text.

The initial draft of the penal code was prepared by legal expert Professor Paul H Robinson and the University of Pennsylvania Law School of the United States, upon the request of the Attorney General in January, 2006. The project was supported by the United Nations Development Program (UNDP).

Professor Robinson’s team have published two volumes (Volume 1 and Volume 2) consisting of commentaries on sections of the draft bill.

The bill was first sent to the Majlis (parliament) in 2006 and will replace the 1961 penal code.

The penal code bill is being forwarded to the parliament floor this upcoming week, according to local media.

False preaching regarding rape and fornication

The parliamentary committee slammed the “false preaching” of the Chair of Adhaalath Party’s Scholars Council Sheikh Ilyas Hussain over the bill earlier this week.

Sheikh Ilyas declared that the new penal code does not recognise fornication with mutual consent as an offence.

MP Nazim Rashaad contended that whether sheikh or not, nobody could misinterpret the clause and claim that the bill did not recognise “mutually consented sexual intercourse” as an offence, and accused the Sheikh of lying to discredit the bill and parliament.

Briefing committee members on the sections concerning sexual offenses, Rashaad stated that under the draft penal code, both fornication and rape are offences under section 411 of the draft bill.

The existing penal code does not explicitly recognise “rape” as a crime, and cases are handled under provisions for sexual offences.

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US invites Maldives delegation aboard USS John C Stennis aircraft carrier

Senior government officials were invited aboard a United States aircraft carrier on Wednesday (March 27) as it passed by the Maldives.

The visit was followed by the signing of a Memorandum of Understanding (MOU) between the Maldives and the US government on Thursday to install a free border control system in the country.

Tourism Minister Ahmed Adheeb, Defence Minister Mohamed Nazim, Home Minister Mohamed Jameel Ahmed, Police Commissioner Abdulla Riyaz and Vice President Mohamed Waheed Deen, were flown to the USS John C Stennis aircraft carrier as part of an arrangement between the US embassy and Maldives Defence Ministry.

The visit was documented by the ministers, who posted photographs on social media site Twitter.

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Women’s rights group protest against impunity of Civil Service Commission President following sexual harassment allegations

Local NGO Voice of Women (VoW) held a protest outside the Maldivian Civil Service Commission (CSC) on Friday (March 28) to oppose the return CSC President Mohamed Fahmy, after the Supreme Court dismissed parliamentary findings in a sexual harassment matter and permitted him to return to work.

Fahmy returned to work on March 17 following a Supreme Court ruling three days earlier, stating that Fahmy’s removal from his position by parliament was unconstitutional. According to the judgment, Fahmy was to be reinstated and compensated for lost wages since December 2012.

The 6-1 majority opinion of the Supreme Court bench held that Parliament’s Independent Institutions Committee violated due process and criminal justice procedures in its sexual harassment inquiry, and that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament – double jeopardy).

The group of a dozen vocal protesters marched in the rain from parliament to the CSC, where they waited with placards for Fahmy to emerge. Some of these messages read: “sos save the csc from Fahmy,” “zero tolerance for sexual harassment,” “supreme court wake up,” “no more excuses, no more abuses,” “my body my rights,” “the workplace should be safe and free from oppression.”

VoW President Haifa Naeem explained to Minivan News that sexual harassment in the workplace is an endemic issue and that “victims are being re-victimised by the state”. VoW is urging parliament to fast track the sexual harassment bill.

“Once Fahmy’s integrity was lost, he should not be at the CSC. We are standing here with enough evidence that he has been sexually harassing people,” stated Naeem.

“Most women are afraid to come out because they are not protect by law or the state, but we are behind them,” she said.

VoW founding member Dr Abdul Malik echoed these sentiments.

“Systems are not in place to give necessary protection if women come out and voice these kinds of incidents,” Malik stated.

“We will back the victims to the extent civil society can, but its the responsibility of the state, judiciary and law makers who can do something, do more,” he added.

It is important to recognize what’s happening “all around” the government and throughout the nation, VoW Treasurer Aminath Saeed told Minivan News.

Re-victimisation

The CSC employee who filed the complaint against Fahmy, Shahuma ‘Shahu’ Haleem, spoke with Minivan News about her experience.

“He’s been doing this for quite some time now. This was the first thing I heard when I came to office, but I never thought he was ever going to touch me.

She explained that whenever she hears her friends talking about being sexually harassed she urges them to “speak up”.

“They are afraid of being fired, because he’s the ultimate boss [of the civil service]. Anyone cannot come out here today and do this. I can be fired and still survive, but not many people have that option,” Haleem stated.

Haleem explained that she filed complaints with parliament, the Human Rights Commission of the Maldives (HRCM), and the Ministry of Gender, Family and Human Rights. She claims the Gender Ministry did not even call her back.

The HRCM claimed that they had not received enough evidence to prove whether or not Fahmy had harassed the employee. In late November 2012, parliament dismissed Fahmy in a 38-32 vote after the Independent Institutions Committee investigated the complaint.

“Women are getting the wrong message, that some people are in fact untouchable,” stated Haleem.

“It’s been proven over again that he has lied and has in fact done it, but then the [Supreme] court rules in favor of him,” she added.

Government employee reactions

An long-term government employee in the crowd who asked not to be identified said workplace sexual harassment was a systemic problem throughout every government institution.

“That kind of harassment is totally accepted throughout our society. It has been tolerated for a long time and has become part of the Maldivian culture. People think that it is bound to happen when men and women are together,” she said.

“It’s because of the way women are perceived in society. We are see more as sexual objects, our productive role is less prominent, but our reproductive role is more [valued].

“Today’s protest is an important milestone because it has sparked debate. Even if you only see a few people here it speaks a lot for a country that has been suppressed for a long time. It is very brave for Shahu to bring this issue out into the open,” she added.

Other employees, both from the CSC and various government ministries, also spoke to Minivan News as they passed through the protest while leaving work.

Many said they do not know much about the issue, Fahmy or the allegations against him.

Others claimed sexual harassment “is a pretty big issue, but no one talks about it”.

A Ministry of Fisheries and Agriculture employee said he was aware of rumors that a lot of women faced sexual harassment and said he supported their cause.

“I also want women’s rights, but by protesting like this nothing will happen,” one woman declared.

A CSC employee told Minivan News that sexual harassment is a “problem” but said that “women are weak”.

“People don’t believe it is happening. They need to be more aware. Even in Shahu’s case most people didn’t find it a big deal,” another woman stated.

“People have to go to extreme lengths to show it’s actually sexual harassment,” she added.

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US to provide Maldives with cost-free border control system

The US government has signed a Memorandum of Understanding (MOU) with the Maldives government to provide it with a border system after several years of uncertainty and legal wrangling over the future of the country’s immigration controls.

Defence Minister Mohamed Nazim and US Ambassador to Sri Lanka and the Maldives Michele J Sison signed an MOU that will see a US technical team coming to the country next month to begin work on planning and implementing a new border system, according to local media. The system is scheduled to be installed by June this year.

Speaking to Minivan News , Immigration Controller Dr Mohamed Ali said it was too early to tell if the new border controls would be a direct replacement for the system provided by Malaysia-based IT group Nexbis.  Nexbis is currently awaiting a decision by higher courts in the Maldives over whether anti-corruption authorities have the right to terminate its agreement with the government.

“We will have to see [what the agreement means for the government’s concession agreement with Nexbis]. Details need to be worked out,” stated Dr Ali, who did not elaborate further.

Immigration sources had told Minivan News earlier this month that the country faced a potential return to “pen and paper” border controls should the government be made to cancel its agreement with Nexbis without an adequate replacement.

The Nexbis border control system is still presently in use by immigration officials at Ibrahim Nasir International Airport (INIA), after the Supreme Court issued an injunction halting the scrapping of the controversial system by parliament.

Cost-free system

Defence Minister Nazim said that the system proposed under the MOU would be provided free of charge to the Maldives in a move he estimated would save the country MVR500 million (US$35 million), according to Sun Online.

Local media reported that the border controls would be based around its Personal Identification Secure Comparison and Evaluation System (PISCES).  The same technology is reported to be used not only at US airports, but in a number of other countries including Pakistan, Afghanistan, Iraq and Thailand.

Maldivian staff are also expected to receive training on using the biometric-based system, as well as assistance with any expansion to the system in future, Sun Online has reported.

Prior to the announcement of the MOU, former Immigration Controller and now State Defence Minister Ilyas Hussain Ibrahim was quoted in local media as raising concerns that US involvement in the border control system would allow the country to exert its influence on Maldivian affairs.

Ilyas told the Channel News Maldives publication that the system would serve to provide a “door for American influence” by allowing the US to take control of the system and use it to locate foreign nationals whenever it wished.

When contacted by Minivan News today, Ilyas said he did not have any comments on the matter as he was no longer involved with the immigration department, and requested any questions be forwarded to Defence Minister Nazim.

However, Nazim asked that any questions regarding the system be sent to him by email. Minivan News was awaiting a response at time of press.

Earlier this month, outgoing Indian High Commissioner Dnyaneshwar Mulay formally handed over a new Advance Passenger Information System (APIS) to immigration authorities at INIA that was designed to provide passport information and other details of incoming travellers before their arrival.

The system was not intended to be a direct replacement for the existing border control system provided by Nexbis, authorities said at the time.

Nexbis

Nexbis is currently involved in legal wrangling over whether the Maldives’ Anti-Corruption Commission (ACC) has the power to compulsorily request the government to cease all work in relation to the border control system agreement.

While refuting allegations of any corruption or wrongdoing in being awarded a contract under the previous government to install and operate a border control system for the Maldives, Nexbis earlier this year said it would not rule out criminal involvement behind attempts to “sabotage” its contract with the government.

However, a source with knowledge of current immigration practices had previously said no alternative border control system was available should the government terminate its concession agreement with Nexbis.

“So far we don’t have any alternative to the [Nexbis] system going forward. We are using the system and waiting for the courts to decide. However, if the court decides [in favour of the ACC], we will need a new system in place,” the source told Minivan News. “Without [an alternative], the system would go haywire. A replacement would have to be found. We cannot go back to the 1970s and just use books and paper.”

Minivan News was awaiting a response on the MOU from Nexbis’ local legal representatives at time of press.

Human trafficking

The MOU has been signed at a time when the Maldives has come under increasing scrutiny regarding its immigration control.

The country has appeared on the US State Department’s Tier Two Watch List for Human Trafficking for three years in a row.

Back in January this year, the Ministry of Foreign Affairs inaugurated an initiative aimed at raising awareness of human trafficking issues in the Maldives.

Despite these commitments, 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.

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