Category: Society & Culture

“When cats are elected they will fight”: Maldives’ plight caused by citizens electing self-interested MPs, says Ibra

The former chairman of the committee responsible for drafting the 2008 Constitution has said the country’s current crisis is the result of Maldivian citizens electing self-interested parliamentarians.

The Maldivian Democracy Network (MDN) released the 2012 Majlis (Parliament) Watch report on Sunday (March 24). The report was launched by Ibrahim ‘Ibra’ Ismail, former chairman of the Special Majlis Drafting Committee.

Ibra emphasised that parliamentarians must represent public welfare and national interests foremost and “not exploit their official positions,” as clause 75 of the Constitution specifies.

However he said most parliamentary decisions are influenced by individual, business, and political party interests.

Responsibility for MPs’ prioritising their self-interests above Maldivian citizens’ well-being should be placed with the Maldivian people who elected these “shadowy figures,” Ibra declared.

“I would say the current plight of this country is down to the failure of the 77 parliament members to take note of Article 75 of the constitution. When casting votes in parliament they are thinking what is the best thing for me? How can more political power be given to the person who secures business opportunities for me? How can an Article be written to make it easy for me? I’m not referring to a particular party but to everyone,” Haveeru quoted Ibra as saying.

“During the last parliamentary elections we’ve all heard people saying they would even vote for a cat if it was the candidate from a specific party. So we are seeing the result of that today. When cats are elected they will fight,” he added.

Parliament Watch 2012

MDN’s Executive Director, Humaida ‘Humey’ Abdulghafoor, emphasised that parliament’s main priority should be service to the people and discussed the report’s main findings.

“MDN is not privy to the same information as Ibra. We try to be very objective in what we say, do, and how we present the [Majlis Watch] report,” stated Abdulghafoor.

“We advocate Majlis members serve responsibly as representatives of the people. They should have a clear idea of the lives and livelihood needs of their constituents.

“MPs should monitor the main needs of their constituencies, ask important questions, and highlight issues that relate to the lives of their constituencies. Based on these needs, MPs should prioritise the most relevant legislation that reflects what the people would like to see,” Abdulghafoor added.

Some of the main issues highlighted in the MDN report are in regard to challenges parliament has faced following the controversial transfer of power last February.

“We acknowledge that 2012 was very difficult for the Majlis. Their work has been slowed due to pending issues, which are a reflection of the challenges faced over the last year,” said Abdulghafoor.

“In some months, such as March and August 2012, the number of [committee] meetings were far lower than anticipated. Also, parliament halted for several days in March, because quorum was not achieved,” she added.

Abdulghafoor also discussed how meaningful legislation is often delayed at the committee stage and takes a “number of years” to become law. She stated that MPs must work together to “accelerate and overcome” obstacles that impede the law-making process, so to meet the urgent needs of Maldivian citizens.

“The number of bills submitted was also significantly lower [than expected], because the government is the largest source of bills. After February 7 2012, the government was not able to submit legislation, because the executive (President Waheed Hassan Manik) didn’t have a representative in the Majlis,” she stated.

“In other words, there were no sitting Gaumee Iththihaadh Party (GIP) party members in parliament. To accommodate this challenge, parliament had to change their regulations, which didn’t occur until October,” Abdulghafoor further explained.

Free elections require civic education

MDN also highlighted parliamentarians’ responsibility to create civic awareness among their constituents and ensure elections are legitimate and free from corrupt practices.

“We are advocating for Maldivians to use their vote responsibly to ensure elections are inclusive, free and fair,” Abdulghafoor stated.

“Political parties have a huge responsibility to recruit members ‘cleanly’ as well as inform party members what civic participation entails and what [democratic] political processes are – openness and clarity.

“The recent reports of registered deceased people are a stain on the reputation of the political party,” she declared.

The Elections Commissions (EC) said it has noticed a surge of discrepancies on membership forms submitted by certain political parties including forged documents, forms with false information and even forms filed under the names of dead people.

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The culture of flogging in the Maldives: a systematic abuse of human rights

The Maldives is a tourist paradise, crowned the World’s Most Romantic Destination during the World Travel Awards in 2011. But while a popular destination for couples around the globe, it takes a radical paradigm shift when it comes to its own citizens.

Under the 2008 Constitution the Maldives is a ‘100 percent’ Muslim country, with a justice system based on a hybrid of common law and Islamic Sharia.

Although the country does not implement many of the ‘Hadd’ or penalties prescribed by Sharia law, including amputation and stoning, it does practice some selective punishments.

One such penalty is the implementation of flogging for a number of crimes including, but not limited to, fornication outside of wedlock.

In recent days, global media attention has been drawn to the case of a 15 year old-girl convicted of fornication and sentenced to flogging, despite her history of alleged sexual abuse dating back to 2009.

Minivan News has spoken with a number of locals about their experiences with flogging, and the societal impact it has had in the past.

Faheem*, a 47 year old former court official in a small island in the North of the Maldives, shared his experiences in regard to related cases.

“In my 10 years serving as a court official during the 90’s, I have witnessed many people being subjected to public flogging. Although we are, in fact, a Muslim nation, most of these sentences were for cases of extra marital sex,” Faheem said.

“The majority of those who did get flogged were women. Although Islam specifically states that once a culprit has endured the ‘Hadd’ he or she is completely washed of their sins, society does not seem to see it in that way.

These women are tainted for life and forever looked down upon. There were a couple of men too, but the islanders did not react in the same way against the men. They seem to be more easily accepted back into society, their sins are generally forgiven or forgotten in time,” he explained.

“We usually used a paddle, and there were then, like now, specific regulations which the flogger had to adhere to. But there is one particular case that has stayed in my mind, and although I was not directly involved in it, I have always remembered it with a pang of guilt,” he continued.

“The magistrate at the time, Ghazee Zubair, was involved with a woman from our island. Then one day he had to preside over a case against this woman, who had been brought in front of him for charges of extramarital, consensual sex with yet another man,” Faheem said.

“I remember islanders talking about whether he would be impartial in his judgement. He was, to a point. Yes, she was sentenced to flogging. But, the appalling thing is that while all others got the paddle, she was given a hundred lashes with a cotton handkerchief,” Faheem said.

While the paddle is commonly used in the implementation of flogging, it has been replaced with less harsher tools in some cases.

Hussain Haleem, a former court official, said in the past there have been instances where objects such as peacock feathers have been imported for the sole purpose of flogging a woman belonging to the country’s elite, or a single lash with a string of 100 rosary beads, each bead counting as a separate lash. Haleem, however, added that there had been cases in the other extreme, where the flogger has used far more force than is required, causing serious physical harm to the person sentenced.

Court officials attempt to gather a crowd of onlookers when the sentence is being implemented, in a bid to increase the shame of the sentenced persons. People standing around the court building, or waiting to file documents or cases, are frequently asked to join the crowds.

Shame and humiliation

Ibrahim*, a 44 year-old civil servant, talked about growing up as the illegitimate child of a woman who had been flogged.

“It was hard. Mother, who has since passed away, did not come from as elite a family as the man who they say is my father. She was the youngest daughter of a carpenter, a woman with no education, no money and no social status,” he said.

“As a teenage girl, she worked as a maid to help support the family. It was at this house where she worked that I was conceived. Of course, the man involved was rich and well, untouchable, even by the justice system.He denied any involvement and got off scott-free.

“I don’t refer to him as my father. I have never exchanged a word with him. My mother, however, was lashed. She told me that she herself had confessed, saying as per Islam, she deserved to get shamed, to bebeaten for her sin. Her family was so ashamed of her that she was turned out of the house.

“She lived till her late fifties alone, except for me. Growing up with a woman labelled undeservingly as cheap and honourless was not easy. This place is small and everyone calls me a bastard behind my back. That is probably why I have never learned to smile much,” Ibrahim said.

Twenty-six year-old marketing professional Fathima* spoke about how she felt forced to marry a man she was unhappy being with, to avoid the “societal ostracism” of being flogged.

“I was 22 at the time. Hassan, my boyfriend, was 30. We had been in a relationship for about six months and it wasn’t really working out. Hassan was too possessive for comfort, and I was looking for a way out of the relationship. And then, in the middle of all this, I became pregnant,” Fathima said.

“There was no one I could go to with the problem. My parents would have been outraged and I did not, rather I do not, have the courage to take the chance of being found out and flogged; of being banished to some island and losing everything, from my family’s acceptance of me to my reputation and this job I love. So, although things were already sour, Hassan and I got married in a rush,” she continued.

Fathima gave birth to a baby girl less than seven months into the marriage. She said the couple had the baby abroad for fear of being found out if they had stayed in the Maldives for the delivery. After a difficult and emotionally abusive marriage, Fathima filed for divorce a year after the wedding. She does not get any support for the child from the father, and is currently working as a single mother.

“I sometimes wonder if, compared to the hardships I am facing now, it was worth it to spend all my savings on the wedding and the trip abroad for delivery of my child. Hassan was of no help except for the name he lent to my child. I ask myself if it wouldn’t have been better to have just faced the shame of flogging back then.

“Who am I kidding? I don’t think anyone deserves such degrading treatment. Let’s be real. It’s something that the authorities ignore until an official complaint is made or someone ends up getting pregnant, but there is hardly anyone in this country who does not have sexual relations prior to, or outside of, marriage. It’s the hypocrisy I hate worst of all,” she said.

Punishment or repentance?

Usthaz Abdul Mueed Hassan, a graduate of Qatar’s Mauhadini Sanawi and Azhar University, said that in its true spirit, Islam holds repentance and forgiveness in higher regard than the implementation of Hadd penalties.

Mueed, who holds a state-issued permit to lecture on religious issues, spoke to Minivan News about the implementation of Hadd, while also commenting on the case of the 15 year-old rape victim sentenced to flogging.

“There is a verse in the Quran which comes in light of an incident in Quraish. The people of Quraish used to sell or give out their young females to guests they held in high regard, against the wishes of these youth. The verse was in response to questions that arose as to whether these youth would be considered sinners,” Mueed explained.

He referred to the conclusion of Verse 33 of Noor Surah in the Quran which reads: “But force not your maids to prostitution when they desire chastity in order that ye may make a gain in the goods of this life. But if anyone compels them yet after such compulsion is Allah Oft-forgiving Most Merciful [to them].”

“In circumstances where a woman is forced into sexual relations, like in the instance of rape, Hadd will not apply to them. As in the verse I’ve quoted, Allah himself has forgiven them. None is above Allah. And since He has granted forgiveness, there is no more for us to do. It is very clearly stated so,” Mueed said.

“Anyone who reads these verses in the correct way and in their right order can clearly make out under what circumstances a punishment should and should not be given,” he said.

“Islam does not permit any Hadd to be delivered if there is any ‘Shubha’ [doubt] about the offence having been committed,” Mueed said, referring to sayings of Prophet Muhammad, as cited in the book Fiqh Al-Sunnah, Part II.

“The Prophet has also said that when seeking to implement Hadd on a person, if there is detected even the slightest reason to let it go without implementing the Hadd, then do so. He then says that this is because it is far better for the person in charge – be it a judge, a president or an Imam – to err in forgiving a person than to err in sentencing a person to any Hadd,” Mueed said.

“So even in the current case of the 15 year-old, if there is the slightest doubt – say for example, the girl is not fully mature and aware, or she is not explicitly aware that fornication is ‘haram’ (prohibited) – then it is better to not implement the sentence,” Mueed stated.

Mueed said that in Islam, proving offences like Zinah (fornication out of wedlock) beyond doubt is deliberately made to be difficult to achieve. Even if a person confesses to a crime, if he or she later denies it, then the Hadd cannot be observed, he said.

“For example, for this Hadd, there has to be four male witnesses with perfect eyesight who have seen the act occur at the same time, in the same manner. Four eyewitnesses being there is in itself unlikely, unless it is in a highly corrupted society and such acts are committed outside in public places. Furthermore, if three of them provide witness and the fourth ends up differing, then these three witnesses will be sentenced for ‘gazf’ (false accusation against a chaste and virtuous person of having committed fornication),” he continued.

“What is the reason for this to be made so complicated in Islam? It is to discourage implementation,” Mueed stated. “One must not take the literal, word by word, meaning of the Quran and Prophet’s sayings. We must interpret its words in the light of the true spirit of the religion and with reference to history.”

“For Hadd of Zinah to be sentenced upon a person, there are four requirements that must be met: the person must be of sound mind, must have reached puberty, must have committed fornication willingly without any compulsion and must know that the act of fornication is ‘haram’ in Islam,” he explained.

The religion-based political party Adhaalath Party, members of which largely dominate the Ministry of Islamic Affairs, has meanwhile stated that “No one has the right to criticise any penalties specified in Islam,” and that “criticising issues like this would encourage enemies of Islam, create confusion among the general public and open up opportunities for people who aim to stop the practice of similar penalties commanded in Islam.”

In a statement released in February, the party said “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.”

Corporal punishment is cruel, degrading, unacceptable: UN

Human Rights Advisor at the UN Country Office Safir Syed expressed concern over the implementation of flogging, especially in the case of minors, in the Maldives.

“It is unacceptable and against international standards. It is also important to keep in mind, apart from the physical trauma, the psychological effects the punishment may cause,” Syed said.

Stating that corporal punishment, including flogging, are explicitly prohibited under international law, Syed backed his statement citing from numerous UN standards and human rights mechanisms.

“While Article 7 of the ICCPR (International Covenant on Civil and Political Rights) states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment, Article 37 of the Convention on the Rights of the Child add that ‘State Parties should ensure that no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below 18 years of age,'” Syed quoted.

Syed noted that in July 2012 the UN Human Rights Committee had called on the Maldivian state to “abolish flogging and explicitly prohibit corporal punishment in all institutional settings.”

Similarly, in 2007 the UN Committee on the Rights of the Child had expressed concern that corporal punishment is considered lawful as a sentence for crime and for disciplinary purposes, and called on the state to abolish the use of corporal punishment under such circumstances.

Syed also referred to the 2005 report of the UN Special Rapporteur on torture, on the legality of corporal punishment under international law.

“The Special Rapporteur stated that any form of corporal punishment, be it flogging, amputation, etc, is contrary to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. The Rapporteur also said that States cannot hide behind domestic laws as justification for this violation of human rights obligations,” Syed said.

Meanwhile, an online petition by Avaaz.org calling on the Maldivian government to end the practice of flogging women and children for the crime of fornication has been signed by over a million people worldwide.

*Names changed at request

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Restrictions on foreign investment to remain under amended business registration bill

A ban on foreign investment in the Maldives involving capital of under US$5 million will continue under amendments to the country’s Business Registration Bill proposed by parliament.

The health, accounting, taxation and financial services sectors will be exempted from the minimum investment requirement. However involvement in any other sector will require a foreign national to have capital of over US$5 million and a deposit of US$1 million with a group approved by the Maldivian government, local media has reported.

Parliament’s Committee on Economic Affairs omitted a proposed amendment from the latest draft of the Business Registration Bill, that would have potentially opened up smaller businesses such as retail and coffee shops to foreign investors.

The Maldives National Chamber of Commerce and Industries (MNCCI) has called for even tighter restrictions on specific sectors, stating a need to protect smaller-scale local businesses such as restaurants and retail outlets.

Former Minister of Economic Development Minister Mahmoud Razee said the Business Registration Bill was designed to open up new forms of capital from foreign investors in areas such as large-scale agriculture and fisheries projects, rather than allowing foreigners to directly compete with local retail businesses.

President Dr Mohamed Waheed has returned the bill after it was passed by parliament in June 2012, citing unspecified “socio-economic” concerns.

According to the Sun Online, President Waheed opted not to ratify the bill over concerns it would abolish a law restricting foreign involvement in imports, cafes and canteens.

The bill is also reported to include provisions restricting foreigners to involvement in the wholesale trade,  with the exception of duty free stores, while also restricting businesses said to be ‘against the interest of the Maldivian public’.

Investment friendly

MNCCI Vice President Ishmael Asif told Minivan News that foreign investment should be opened up in the Maldives, but only in terms of large-scale projects like resort development and infrastructure – areas where Maldivians lacked sufficient experience.

Responding to the latest draft of the bill, Asif contended that the Maldives had always been “very friendly” to foreign investors and would continue to welcome large-scale projects such as resort and airport development.

The government last November cancelled the country’s largest single foreign investment project – a US$511 concession agreement with Indian infrastructure giant GMR to manage and develop a new terminal at Ibrahim Nasir International Airport, declaring the sovereign agreement “void” from the start. The company was then given seven days to leave.

Asif said while the MNCCI had not yet had any input on the current iteration of the bill since it was returned to parliament, it was concerned about provisions allowing a foreigner with over US$5 million in capital to invest in any sector.

Asif said that the chamber of commerce favoured sector-specific restrictions that would outlaw any foreigner from investing in areas such as retail or food and beverage. However, he maintained that opportunities should remain for international investors to join with medium-sized local businesses in the form of joint ventures.

With the bill undergoing review at parliamentary level, Asif accused regulators of remaining far behind the industry, pointing to the emergence of online consumers and the lack of an international secure payment service like ‘Paypal’.

“A lot of the time regulators are far too behind the industry. The focus of the bill should be to encourage enterprise here,” he said.

Business Registration Bill

Razee said the business registration bill was devised under the Nasheed administration to open new areas for foreign investment, as well boost the capabilities of national industries in the longer-term.

He added that investment areas such as in the retail sector would have been protected from direct competition from foreign investors, while  large-scale investment in areas such as agriculture and the fisheries sector would be promoted.

The bill was first proposed as part of a wider economic reform package championed by Nasheed’s administration, which was further revised following consultations in 2011 with the International Monetary Fund (IMF).

These policies included introducing a general Goods and Services Tax (GST), raising import duties on pork, tobacco, alcohol and plastic products, raising the Tourism Goods and Services Tax (T-GST) to six percent, and reducing import duties on certain products.

Razee said last year that the registration bill was intended to provide a “clearer means” for facilitating foreign investment in the Maldives.

“We were trying to make it easier for foreign shareholders to register here,” he said.

Acting Minister of Finance and Treasury Ahmed Mohamed, State Minister for Finance Abbas Adil Riza, and Presidents Office Spokesperson Masood Imad were not responding to calls at the time of press.

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New drug-resistant strain of TB found in Maldives “quite serious”: HPA

The Health Protection Agency (HPA) has warned that a new drug-resistant strain of tuberculosis (TB) that has appeared in the Maldives poses “quite a serious threat” to people’s health.

The agency’s comments follow a report released by the Ministry of Health on Sunday (March 24), revealing that it faces new challenges in order to control the disease in the Maldives.

According to the World Health Organisation (WHO), TB is an infectious bacterial disease that can be transmitted via droplets in the throat and lungs of the infected.

WHO states that drug-resistant strains of TB have become a major public health problem that has resulted from patients not fully completing the recommended six-month course of treatment.

HPA Public Health Program Officer Shina Ahmed told Minivan News today (March 25) that although the new strain of TB is “quite serious”, the particular strain found in the Maldives is not resistant to every drug available to patients.

“We have had a few cases come in now with the new strain. The most important thing we have to do is to continue and complete the course of treatment.

“Most of these drug-resistant strains are caused by patients stopping the treatment. We have enough drug supplies to give to them, but because the course goes on for six months, patients tend to go off taking the treatment towards the end,” Shina said.

Local media reported that the Health Ministry had revealed that 10,563 people had been registered to receive treatment for TB since 1963, out of which 5,256 people were said to have infected lungs.

Shina claimed that the majority of cases within the Maldives have been reported on the islands as opposed to Male’, and that in order to prevent the spread of the disease the HPA will be undertaking awareness programs.

An official from Indira Gandhi Memorial Hospital (IGMH) in Male’ stated that there was no need for the public to be concerned in regard to the spread of the disease, adding that there may have been only “one or two” cases found to have contracted the new strain.

“When we find a patient who is not responding to the prescribed course of treatment, there is always a second course they can take instead,” the official told Minivan News.

According to WHO, healthy individuals infected with TB are not often affected by any symptoms as the person’s immune system acts to “wall off” the bacteria.

The organisation states that symptoms of active TB are coughing, sometimes with blood, chest pains, weakness, weight loss, fever and night sweats.

The WHO Representative to the Maldives, Dr Akjemal Magtymova, Health Minister Dr Ahmed Jamsheed Mohamed and the Health Ministry were not responding to calls at time of press.

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Nasheed’s legal team files High Court case to defer trial until after elections

Former President Mohamed Nasheed’s legal team filed a case with the High Court today (March 24) regarding the deferment of the Hulhumale’ Magistrate Court criminal case until after the September presidential election.

Nasheed is facing criminal charges over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed during the last days of his presidency.

Nasheed’s legal team previously requested the Hulhumale’ Magistrate Court delay the trial until the end of the scheduled presidential elections in 2013, and in a separate request, asked the Hulhumale’ court for a delay in proceedings by four weeks, during the March 7 Hulhumale’ Magistrate Court hearing.

At the same hearing, state prosecutors said they did not object to delaying the trial until presidential elections scheduled for September this year are over.

The Hulhumale’ court dismissed the request to delay the trial until the end of the elections, but agreed to withhold it for four weeks, stating that the panel of judges by majority “had decided to proceed with the trial”.

Nasheed’s lawyers subsequently contested the decision, claiming that continuing the trial could compromise the rights of many people, arguing that Nasheed was the presidential candidate of the largest political party in the country, the MDP.

However, the court stated that Nasheed’s claim he was the presidential candidate of a political party lacked legal grounds to support it, as presidential candidates were decided by the Elections Commission after it opened the opportunity to file presidential candidates.

Filing of presidential candidates is expected to take place in July.

High Court case submission

Nasheed’s legal team submitted a case to the High Court at approximately 10:20 this morning (March 24) to defer the Hulhumale’ Magistrate Court criminal case until after the September presidential election, MDP Spokesperson Imthiyaz ‘Inthi’ Fahmy told Minivan News.

“Now the court has to formally accept the case, which will happen at a later date,” stated Fahmy.

“We expect that prior to the Hulhumale’ Magistrate Court hearing, the High Court should have a decision and will ask the lower court to halt the case,” he added.

Nasheed’s legal team confirmed with Minivan News that the case has been submitted to the High Court.

“This is not an appeal. We submitted a case to the High Court for the deferment of the Hulhumale’ Magistrate Court case until the election is over,” said one of Nasheed’s lawyers, Hifaan Hussain.

“The court accepted the documents, but we are waiting for the court to accept and register the case,” she explained.

Hussain explained a reply from the High Court will likely be issued within three days and once the case is accepted it should take about a month to complete.

She expects the High Court to grant the deferment of lower court’s case against Nasheed until the presidential election is over.

President Nasheed’s Spokesperson MP Mariya Didi is also confident the High Court will grant the deferment.

“The prosecution has said they have no objection to deferment of the trial until after the elections,” Didi stated.

“I don’t see any reason why the court should not grant deferment when the prosecutor has no objection to it,” she added.

Politicising  justice

The MDP maintain that the charges are a politically-motivated attempt to prevent Nasheed from contesting elections in September, and have condemned the former President’s repeated arrest on the court’s order by squads of masked special operations police.

Speaking during a party rally held earlier in March, President Nasheed stated that the four-week break granted by the Hulhumale’ Magistrate Court until the next hearing was an opportunity for state institutions to decide on the matter.

“Delaying trial for just four weeks has no meaning. There is no reason for it nor does it help anyone. We want the trial to be delayed till the elections are over. [The prosecution] gave one month and said that they did not object to further delays,” Nasheed told his supporters.

Nasheed said that it was very clear that charge of arresting the judge was not a charge against him alone, but several others as well.

He also warned that if the magistrate court issued a verdict that would bar him from contesting the elections, a lot of people would rise up against the decision and trigger a “very dangerous political insurgency”.

Didi also highlighted the large number of Maldivians continuing to support Nasheed, speaking with Minivan News today.

“It is clear that 46,000 Maldivians have decided President Nasheed is their presidential candidate. Our campaigns show that President Nasheed will win the elections with a clear majority.

“The coup has set us back not only with regard to democracy and human rights, but in regard to investor confidence and development.

“Our international development partners have also urged the government to take account of the wishes of the people and to hold an inclusive election with – as the European Union put it – the chosen candidate of MDP Mohamed Nasheed being able to contest the elections.

“We cannot waste another five years with a government that lacks a democratic mandate,” Didi declared.

Hulhumale’ Magistrate Court legitimacy questioned

During the early-March MDP rally, Nasheed also criticised the Judicial Service Commission (JSC) stating that the problem with Hulhumale’ Magistrate Court was not just the panel of judges. He alleged that the JSC had formulated the bench and have now been forcing administrative staff of the court to do specific things to impact the trial.

Parliament’s Independent Commissions Oversight Committee has been investigating the legitimacy of the Hulhumale’ Magistrate Court, specifically the appointment of judges by the JSC.

Deputy Speaker of Parliament Ahmed Nazim told local media on Friday (March 22) that a notice had been sent to Gasim Ibrahim – who is a Majlis-appointed JSC member and also the presidential candidate for Jumhoree Party (JP) – regarding a case to remove him from his JSC post.

The parliamentary committee summoned all members of the JSC to attend the committee on Wednesday (March 20) to face questions regarding the manner in which judges were appointed to the Hulhumale’ Magistrate Court bench.

Another committee meeting is scheduled to take place tonight (March 24).

The United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, also raised concerns over the politicisation of the JSC during her investigative visit to the Maldives this February.

As part of a wider review of the Maldives justice system, Knaul claimed that the JSC – mandated with the appointment, transfer and removal of judges – was unable to perform its constitutional duty adequately in its current form.

As well as recommendations to address what she said were minimal levels of public “trust” in the nation’s judicial system, Knaul also addressed matters such as the trial of former President Mohamed Nasheed.

Nasheed is currently facing trial for his detention of Chief Judge of Criminal Court last year, charges he claims are politically motivated to prevent him from contesting presidential elections later this year.

Knaul maintained that the former president, like every other Maldivian citizen, should be guaranteed a free and independent trial.

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One million people sign petition calling for end to flogging of women and children in the Maldives

An online petition calling on the Maldivian government to end the practice of flogging women and children for the crime of fornication has been signed by more than one million people worldwide.

The Avaaz.org petition, titled ‘Horror in Paradise’, follows the sentencing of a 15 year-old rape victim to 100 lashes and eight months house arrest, for confessing to a separate instance of fornication during the investigation into the alleged murder of her baby. The child was found buried in an outside shower area.

“Let’s put an end to this lunacy by hitting the Maldives government where it hurts: the tourism industry,” declares the Avaaz petition.

“Tourism is the big earner for the Maldives elite, including government ministers. Let’s build a million-strong petition to President Waheed this week, then threaten the islands’ reputation through hard-hitting ads in travel magazines and online until he steps in to save her and abolish this outrageous law,” it states.

Worldwide support for the petition has extended to the travel media, with industry news website eTN declaring that that it would not accept advertising or press releases from any Maldives government agency until the issue was resolved.

“I am outraged on hearing that a 15 year-old girl, who has survived rape by her stepfather and a resultant pregnancy, has now been found guilty of “fornication” and sentenced to flogging and house arrest. I am an active member of the UNWTO World Tourism Network on Child Protection and as a world citizen I cannot be silence about this. No civilized country should get away with such a nightmare system of justice,” said eTN publisher Juergen Thomas Steinmetz.

Tourism Minister Ahmed Adheeb had made no response at time of press following the petition reaching one million signatures. Deputy Minister and Head of the Maldives Marketing and Public Relations Corporation (MMPRC), Mohamed Maleeh Jamaal was also not responding.

However, following an interview with Maleeh, local news outlet Sun Online reported the minister as saying that the Avaaz campaign was an attempt by the opposition Maldivian Democratic Party (MDP) and “different media groups that work alongside the MDP” to “crush the country’s tourism” and “cause havoc on the country’s economy.”

“When they started the campaign, they were clearly aware of the president’s stand, as well the attorney general’s stand on the matter,” Maleeh said, according to Sun.

“Looking back, a 14 year-old was given the same sentence during former President Nasheed’s presidency and nobody seemed to have talked about that. This whole deed is an attempt to defame the country’s tourism industry and [damage the] economy,” he said.

According to Sun, resort tycoon, Judicial Services Commission (JSC) member and presidential candidate of the Jumhoree Party (JP), Gasim Ibrahim, at a rally on Fuvahmulah over the weekend also declared that a slight decline in tourism could have serious consequences on the lives of Maldivians.

As such, Sun reported Gasim as saying, “more focus should therefore be put on developing the fisheries industry.”

In the wake of global media coverage of the initial sentencing, the President’s Office issued a statement late last month expressing “sadness” over the sentence, and promising a review.

“The government is of the view that the case merits appeal. The girl is under State care and the government will facilitate and supervise her appeal of the case, via the girl’s lawyer, to ensure that justice is done and her rights are protected,” the statement read.

President’s Office Spokesperson Masood Imad has meanwhile expressed hope that punishments such as flogging would be debated and one day repealed.

Sources on the island Feydhoo have meanwhile told Minivan News that concerns had been raised by islanders since 2009 that the girl had potentially been the victim of sexual abuse not just by her stepfather, but a number of other unidentified men on the island.

Atoll Council President Moosa Fathy said police had conducted numerous investigations into the girl’s situation since 2009, but that she had ultimately been left in the custody of her mother and stepfather even after she was found to pregnant. He blamed the “limited facilities” available to house and protect the girl, as well as a lack of budget, management and staff to shelter vulnerable young people.

Second flogging sentence of underage girl

The most recent flogging sentence passed against the 15 year-old abuse victim follows a similar case in September 2012, in which a 16 year-old girl was sentenced to house arrest and 100 lashes for fornication with a 29 year-old man.

The man was convicted of sexual assault under common law and sentenced to 10 years in prison.  The girl was sentenced under Islamic Sharia on the charges of consensual sex outside of wedlock.

An official of the Ministry of Gender, Family and Human Rights at the time said the matter was the concern of “either the court or JJU (Juvenile Justice Unit). We will be concerned once the girl is flogged, but as far as I know, she hasn’t been flogged yet. We do not want to associate ourselves with a case that we are not involved in.”

Calls for moratorium

Amnesty International in 2009 called for a moratorium on flogging sentences in the Maldives, arguing that the sentences were disproportionately applied to women.

Amnesty’s calls were echoed in November 2011 in an address to parliament by UN Human Rights Commissioner Navi Pillay, who said the practice “constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

Her comments were condemned by religious groups in the Maldives, with protesters urging authorities to arrest the UN High Commissioner and gathering outside the United Nations carrying signboards with slogans such as “Islam is not a toy,” “Ban UN” and “Flog Pillay”.

A presidential state apology for allowing Pillay to speak to parliament was one of the five demands of the December 23 coalition [of 2011], a mass gathering in the capital Male’ that saw the fractured opposition unite against President Nasheed on the pretext of protecting Islam.

Religious NGO Jamiyyathul Salaf meanwhile sent a letter to the UN Resident Coordinator, alleging that the Pillay’s call for a moratorium on flogging was “inhumane and disrespectful.”

The Foreign Ministry – at the time under the Nasheed administration – dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

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PG to appeal Shifan murder case after Home Minister and Police Commissioner express concern over ruling

Prosecutor General Ahmed Muiz has said he will appeal a Criminal Court ruling that all suspects charged in connection with the murder of Ali Shifan were innocent.

The PG’s decision came after Home Minister Dr Mohamed Jameel and Police Commissioner Abdulla Riyaz expressed concern about the Criminal Court’s ruling.

In an interview given to Haveeru Dr Jameel said he believed that the state had produced enough evidence to the court and that the judge made mistakes in measuring the evidence.

He also said that the Home Ministry was very concerned that suspects involved in such crimes were being released by the courts.

In a video recording published on police website, Commissioner of Police Abdulla Riyaz said he was shocked to hear about the court ruling.

‘’The investigation into the case was conducted under the instructions from the prosecutor general,’’ Riyaz said. ‘’Police obtained DNA evidence and statements from witnesses. DNA evidence is accepted widely throughout the world.’’

On March 20, the Criminal Court ruled that all six suspects arrested in connection with the stabbing murder of Ali Shifan were innocent and ordered their release.

The six suspects were identified by the police as Ali Nabeeh, 22, of M.Nalahiyaa Manzil, Mohamed Shaifan, 18, of Male’ Dhaftharu no 3912,  Razzan Abdu Rahman, 19, of Kaanimaage house in Thulhaadhoo island of Baa Atoll,  Abdul Thilmeez, 20, of M.Thilmeez,  Mohamed Asif, 19, of Maafahi house inKurendhoo island of Lhaviyani Atoll and Mohamed Mishaan Abdul Haadhy, 20, of M.Silver Nest.

The judge ruled that there was not enough evidence to convict, despite the DNA of the victim being found under the fingernail of one of the suspects.

The judge said that although the state had produced five witnesses to the court, their statements to police were contradictory.

The court also acknowledged that Ali Shifan’s DNA was found under Shaifan’s fingernail, and accepted that this was “strong forensic evidence”, but said it was not enough to prove him guilty.

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Defamatory accusations are baseless and untrue: PPM MP Yameen

Progressive Party of Maldives (PPM) presidential primary candidate Abdulla Yameen has claimed that recent defamatory allegations made against him are baseless and untrue.

Speaking at a rally in Addu City on Thursday (March 21), Yameen revealed that he had been accused of several issues, including holding large sums of money in foreign banks, local media reported.

Responding to the accusations, Yameen stated that “none of those stories are true”, asking people not to believe them.

“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,” SunOnline quoted Yameen as saying.

Yameen had stated he did not want to comment further on the matter, and that he did not wish to respond to the claims against him.

Yameen, who is the half brother of former autocratic ruler Maumoon Abdul Gayoom, claimed that if the PPM wins the presidential election this year, the Maldives would experience “prosperity similar to, or even better than, the past 30 years.”

In reference to a number of young individuals who reportedly praised Yameen during the rally, the PPM presidential primary candidate said while he cannot accept constant praise, continuous criticism could also become an issue.

“At rallies like this I often hear about my services. I feel disinclined to sit and listen when people talk about my services. But this is a practice introduced by young people.

“But before they take it too far, I want to say, I may not be able to accept continuous praise; but at the same time, continuous criticism could also lead to displeasure,” Yameen was quoted as saying.

Both Abdulla Yameen and Umar Naseer are currently campaigning to win the PPM’s presidential candidate slot for the upcoming presidential elections, to be held in September this year.

Yameen forced to play 80 percent in defence: Umar Naseer

Last week, a spokesperson for Abdulla Yameen’s ‘Yageen’ campaign team told local media on Saturday 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.”

Earlier this month, 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.

“Last night the driver of the car had parked after there had been some sort of accident caused by someone on the back seat.

“At that time, the driver found a bottle of alcohol within the car and reported it to the police. We took the driver, questioned him and released him,” the source claimed.

Speaking in regard to the alcohol allegedly found in the car, Police Spokesperson Chief Inspector Hassan Haneef confirmed that a bottle had been found and the case was still under investigation.

“We received a report from a driver of a vehicle stating that there was a bottle of alcohol in the car. Police went to the car, searched it and took the vehicle,” Haneef said.

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

The PPM presidential primary election is scheduled for March 30.

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Scouts lead Earth Hour events, Environment Ministry “facilitates”

Maldivian civil society is holding Earth Hour events today (March 23) to highlight the urgent need to take action against climate change and care for the environment, while the Ministry of Environment and Energy “facilitates”.

Earth Hour is the “single largest mass participation event in the world” aiming to mobilise people to take action on climate change by switching off their lights for one hour as a “massive show of concern for the environment”, according to the event’s website.

Earth Hour Maldives aims to “obtain the full cooperation of the community, non-government organizations, companies, tourist resorts, government ministries and agencies and the school community, to effectively make Earth Hour Maldives a success and to demonstrate to the world where the Maldives stands in the battle between Earth and Global Warming,” the site states.

The Scout Association of the Maldives has taken the lead organising Earth Hour events, particularly in the capital Male’, since the Maldives began participating five years ago.

“The WWF and Earth Hour Global event hosts prefer associations organise events, focus on youth involvement, and receive support from the government,” Earth Hour Maldives Marketing Manager Mujahid Abdulla told Minivan News.

“The Environment Ministry is making policies, such as the vehicle ban from 7:30 to 10:30 tonight.

“The presidential palace will be the first place to have its lights switched off, as well as the ‘front line’ of Male’. We expect 40 to 50 percent of buildings to shut down their lights,” according to Abdullah.

The Environment Ministry’s Earth Hour media focal point, Mohamed Mushaaid, explained to Minivan News that all government buildings have been requested to shut their lights off for the designated ‘earth hour’ between 8:30 and 9:30 pm, however compliance is voluntary.

“Earth Hour is organized by the Scout Association of the Maldives, while the Environment Ministry is facilitating the event by providing resources, coordinating help from other government ministries, and providing technical help.

“We are strongly suggesting island councils participate, but it’s not mandated,” stated Mushaaid.

He further explained that scouts have been going ‘door to door’ raising awareness and cooperation for ‘lights off’, while advertisements and announcements have been made on ‘variety shows’ providing information about the event and advertising people to avoid energy usage during the designated earth hour.

Updates of energy savings in ‘real time’ will be given on local television.

A vehicle ban will be implemented in Male’ from 7:30pm to 10:30pm, which the Environment Ministry arranged in conjunction with the scout association, Transportation Ministry and Male’ City Council, according to Mushaaid.

“It’s for the benefit of the public, activities will be taking place on the streets for people to join and have fun,” he stated.

“Plus, it will be difficult to capture the picture of Male’ from Funadhoo [island] during Earth Hour with vehicle lights,” Mushaaid added.

Funadhoo is a small island adjacent to the capital of Male’ where the Maldives’ State Trading Organisation (STO) operates its fuel and lubricants department, housing 15544 tons of diesel and 600 tons of kerosene.

Collaborating partners

Abdullah stated that activities have been organised nationwide, with larger events to be held on Kulhudhoofushi island in Haa Dhaal Atoll, Lhaviyani Atoll, Fuvahmulah Island, Addu City, other small islands as well as by resorts. Events in Male’ include an awareness walk, traditional music and activities.

A wide range of institutions are collaborating to implement Earth Hour activities. The Maldives Girl Guide Association, the Maldives Youth Climate Network (MYCN), and other non-governmental organisations (NGOs) are providing organisational and voluntary help. Supporting partner institutions include the Ministry of Environment and Energy, the State Electric Company Limited (STELCO), the Police Services, Maldives National Defence Force (MNDF), as well as local media outlets.

The Ministry of Home Affairs is facing criticism for publicly announcing the dissolution of nearly 1300 non-governmental organisations (NGOs) – 70 percent of organisations nationwide – without notification or supportive mechanisms.

According to STELCO data, Earth Hour events in 2012 saved 1590.5 kilowatt hours of energy, 418.55 liters of fuel, and carbon dioxide emissions were reduced by 1.1 tonnes within an hour, as stated in the official Earth Hour Maldives report.

Earth Hour is organized globally in partnership with the World Wildlife Fund (WWF), with millions of people worldwide, from 152 countries and territories, including 7001 cities and towns, participating in 2012.

Government-led environmental conservation

President Waheed Hassan Manik’s government pledged to ensure his government remained outspoken internationally in regards to the plight small nations faced from the potentially destructive impacts of climate change.

The government says it remains committed to pursuing the previous administration’s carbon neutral ambitions despite recent political tensions reportedly affecting investment potential for such schemes.

However, private companies and international actors are leading renewable energy implementation in the Maldives while the government “prepares” for various solar power projects.

Since early 2012, the Maldivian government has overseen the initial stages of a few new renewable energy projects.

Waheed launched the Baa Atoll UNESCO Biosphere Reserve and Baa Atoll Conservation Fund in early 2012.

Later that year, a marine biologist working in the Baa Atoll UNESCO Biosphere Reserve has 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.

Meanwhile, waste management remains a national human and environmental health dilemma. Establishing waste management systems on the islands has been an ongoing struggle.

Most islands have waste areas that vary in quality and have no means of processing or removing trash from the garbage areas.

“Thilafushi is not what we want. The current conditions there pose serious health and safety threats to Bangladeshi workers living there and those toxins spread to Male’ and Villingili as well,” Ahmed Nizam, Solid Waste Management Coordinator for the Environment Ministry previously told Minivan News.

Speaking to the Conde Nast Traveler publication in 2012 to promote “The Island President” film documentary, former President Mohamed Nasheed expressed hope that the country would continue to work towards becoming carbon neutral, but he also challenged the legitimacy of Waheed’s government.

“We were making real progress. I hope the government will continue our policies. But you can’t have good policies without democracy. And you won’t address the climate change crisis without good policies,” Nasheed told journalist Dorinda Elliott.

“All democratic movements must talk about both climate change and human rights.”

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