Contentious article of Child Sexual Abuse Act to be reassessed

The president’s office has said it will reassess article 14 of the Child Sex Abuse (Special Provisions) Act, which some have argued could provide a means of evasion for paedophiles.

The long overdue Act categorises child sex offences for the first time in the Maldives and contains harsh sentences of up to 25 years for those convicted.

But under article 14, if an adult is legally married to a child under Islamic sharia, none of the offences specified in the Act will be considered a crime. 

Although the Act was ratified earlier this month, the contentious article has elicited a strong reaction from NGOs and children’s rights activists for potentially providing a loophole for child sexual abuse.

President’s Office Press Secretary Mohamed Zuhair said today the government would reconsider the article as the Maldives was signatory to international treaties such as the Convention on the Rights of the Child (CRC). 

“It’s a concern for us and the government will work to revise it and overturn it,” said Zuhair.

Loophole

Although MPs did not deliberate the contentious article during the parliamentary debate on the bill, it was brought to public attention on Thursday by Mansoor Ali, Unicef representative to the Maldives, and Vice President Dr Mohamed Waheed.

“MPs like everyone are scared to approach any subject to do with religion and refute anything to do with religion,” explained Zuhair.

At an event to mark World Day for Prevention of Child Abuse, the vice president said he hoped article 14 would be re-examined. “If someone tried to take advantage of a loophole in the law to do this, it’s an even bigger crime,” he said.

Mansoor told Minivan News today that during his speech on Thursday, he appealed both to the government and to MPs to review the article, which he believed was in conflict with the CRC.

“I am not trying to challenge religion. My concern is that this goes against the spirit and content of the CRC,” he said.

He added the legislation should be linked to the Family Act, under which child marriage is admissible.

While the national age of marriage is 18 in the Maldives, as a Muslim country, girls below this age can marry with parental and state consent.

Child marriage

For many who Minivan News spoke to today regarding article 14, child marriage was the larger issue at stake. For the president, said Zuhair, child marriage was a matter of great concern.

Former Attorney General Azima Shukoor said she supported Unicef’s appeal for the article to be re-evaluated although not necessarily deleted.  
Azima said the chief judge of the family court had recently expressed concern about young girls being taken out of the Maldives for marriages which were not recognised inside the country.

“How can a 12 or 13-year-old give consent to being married? My concern is that it defeats a lot of the purpose of the bill,” she said.

In July, four local NGOs made recommendations to a parliamentary committee reviewing the bill.

In their recommendations, Maldivian Detainee Network, Rights for All, Madulu and Transparency Maldives, called for the removal of article 14.

The NGOs said that as consent for sex was required even within a marriage, any kind of non-consensual “touching” of a child should be considered an offence under the Act.

Family Act

But, MP for Kulhudhufushi South Mohamed Nasheed, who submitted the bill, told Minivan News today, that legislation could not “encroach into a lawful marriage”.

As underage marriages are permitted, “child marriage cannot be put under a child sexual abuse bill,” he said, adding that there was no legislation for marital rape in the Maldives.

Nasheed said that it would be necessary to find out the number of underage marriages and how many of them were to children below the age of 16.

“If it’s a serious concern and we realise there are people marrying young children for a short time for a certain purpose, then we have to revise the Family Act,” said Nasheed.

In agreement was Mohamed Shaheem Ali Saeed, state minister for Islamic affairs, who said article 14 was not in conflict with the law.

While the ministry would strive to combat child abuse, he said, underage marriage was legal in the Maldives.

“The principle in Islam is that the child has to mature physically and sexually and there has to be the financial means to look after the family,” said Shaheem.

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Bill outlawing places of worship for non-Muslims “useless”

The bill on outlawing places of worship for non-Muslims is a “useless” piece of legislation, Sheikh Hussein Rasheed Ahmed, president of the religious conservative Adhaalath party has said.

Speaking to Minivan News today, Rasheed said there were more important bills proposed by the government, such as the bill on taxation and the revised penal code.

“Some members are just trying to show that they’re doing something by proposing these useless bills to waste the Majlis’ time,” he said.

He added MPs were delaying the passage of legislation submitted by the attorney general that would be beneficial to the public and necessary for the government to function.

Last week, a bill proposed by Independent MP Ibrahim Muttalib on outlawing places of worship for non-Muslims was sent to committee with unanimous consent.

“There hasn’t been a temple built in this country so far even without this bill,” said Rasheed.

Unlike countries such as Lebanon and Nigeria, which had large non-Muslim communities, he said, the Maldives was a 100 per cent Muslim country.

“Since the constitution states all citizens have to be Muslims, there’s no need to build temples here,” he said.

But, he added, foreigners in the country should have the right to pray in the privacy of their homes.

Muttalib was the former treasurer of Adhaalath party, but was dismissed from the post following a dispute with the party.

Rasheed said he criticised the party in public after a proposal he made did not garner support.

“He has now sent a letter and resigned from the party,” he said.

Legal vacuum

Muttalib told Minivan News today he proposed the bill because there was no law to prevent the establishment of places of worship for non-Muslims.

He referred to article 19 of the constitution, which states “No control or restraint may be exercised against any person unless it is expressly authorised by law.”

“So there has to be a law to deal with this,” he said. “I did not propose it because I was pressured by any party.”

Muttalib said foreign elements were keen on establishing churches in the Maldives, as it was among only four countries, including Saudi Arabia, Mauritania and Iran, that did not have any churches.

While he could not name any particular organisation, Muttalib said a British delegation that met with senior members of Adhaalath party recently told them “this is not why we helped you bring democracy”.

“They said we helped you bring democracy so that we can worship here,” he said.

On MPs who had claimed the Prophet Muhammad (PBUH) allowed Jews to worship in Medina, Muttalib said he heard Sheikh Hassan Fikry retort on DhiFM that verses were later revealed commanding the Prophet to “throw them out”.

“They are unclean people,” he said. “They will not wish any good for us.”

Further, he continued, the Qur’an cautioned against friendship with Jews and Christians as they would not accept Muslims until they converted to their religions.

On Sheikh Rasheed’s criticism, Muttalib said despite their political differences he did not wish to challenge the Adhaalath Party president.

He called on the party to free itself from the government and speak out on important religious issues.

The party’s failure to speak out was causing public loss of confidence and ruining the reputation of religious scholars, he said.

“This is a very important time for the Adhaalath Party to come out and speak,” he said.  

Inquiries

Mohamed Zuhair, president’s office press secretary, told Minivan News today a number of inquiries had been made with the president’s office on the extent of religious freedom in the country.

On Friday, President Mohamed Nasheed asked for the ruling under Islamic sharia on allowing non-Muslims to worship in Islamic communities.

Zuhair said the Fiqh academy of the Islamic ministry will debate the matter and issue a ruling.

“We want to be very clear about this before we give a final answer,” he said.

Muttalib said he believed the president would ratify the bill if parliament passed it.

“I think what he expressed was the pressure that he is facing from the international community, from Jews and Christians,” he said.

National pride

Zuhair said the president’s office had received comments from foreigners who said they cancelled their holidays after learning of women being flogged and the public’s attitude towards corporal punishment.

He further said inquiries were made on the president’s office website about the possibility of tourists getting married in the Maldives.

“Marriage tourism is a growing segment,” he said. “We’ve had tour operators ask us if their clients getting married in the Maldives would be considered a religious ceremony.”

Presenting the legislation, Muttalib said the government’s plans to introduce wedding tourism would “indirectly” establish churches in the country.

“I want to say categorically that the government will not allow building temples or churches in the Maldives,” said Zuhair, adding claims during the presidential election that a Nasheed administration would build temples were completely unfounded.

Kulhudhufushi MP Mohamed Nasheed, an independent, said the bill was proposed after international organisations had discussions with MPs and the government “asking for more complete rights in the name of democracy.”

“It is a matter of national pride for Maldivians rather than a question of religion,” he said.

As other Islamic states allowed places of worship for non-Muslims, he said, the question of banning non-Muslims from worshipping publicly under Islamic sharia was “debatable”.

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Kulhudhufushi school makes veil mandatory

A school in Kulhudhufushi has introduced the mandatory wearing of the veil for all girls grade five and above without prior approval from the ministry of education.

But, the Atoll Education Centre’s lack of consultation with stakeholders has caused disquiet among some parents as well as the ministry of education.

Parents were concerned about the imposition on two fronts, said independent MP for Kulhudhufushi South Mohamed Nasheed to Minivan News today.

Some argued the expense involved in buying new school uniforms at such short notice was too much to bear, he said. In addition to veils, the new uniform will include trousers for girls and long trousers for boys.

A second concern, said Nasheed, was the lack of consultation with parents. He said the decision was made by the school board on a “particular day when there was not much representation from the parents side.”

“They feel that if somebody wants their child to wear a veil that’s acceptable…but imposed on everybody alike, that’s objectionable,” he said.

A mother of a boy in grade one, who spoke on the condition of anonymity, told Minivan News that the decision was put to a vote at a parent-teacher meeting two weeks ago and a majority of parents voted in favour of the new uniform.

She said parents were asked whether they supported the proposal to introduce long trousers for boys from grades one to four and the veil for girls from grade five to seven.

“They gave parents a piece of paper to tick if we supported it. I voted against it because I thought it would be difficult for boys that young to wear trousers,” she said.

The ministry of education has informed the school that if they wish to change the school uniform they must obtain permission from the ministry and a process of consultation must be undertaken.

“We have told the school that they should not go beyond the limitations set down by the ministry. There’s already guidelines regarding uniform with the possibility of wearing the buruga (veil),” said Shifa Mohamed, deputy minister for education.

Shifa said under the ministry’s guidelines girls could wear the buruga provided it was in a manner that clearly showed the school badge and tie.

“These children have a syllabus to cover and it’s important for them to have a uniform which they are comfortable in,” she said.

The school’s principal told Minivan News he did not wish to comment.

Sheikh Shaheem Ali Saeed, state minister for Islamic affairs, said the decision to make the veils a mandatory part of the school uniform was up to the education ministry and the school board.

“What we have always been saying is there should be a choice. In the past, there was no choice in the Maldives. The girls who wanted to wear burugas were not able to. In the past, you wouldn’t see girls with burugas in the MNDF or Television Maldives,” said Shaheem.

But, he added, if students and parents in a school agreed to introduce the veil as part of the uniform, the ministry would welcome the decision.

“We shouldn’t try and stop it as long as they want it. It is a good thing they want to do. Something that is called for in our religion,” he said.

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Family of alleged concubine denies media reports

The family of the 17-year-old “concubine” has denied media reports that the girl was being kept as an under-age sex slave.

Speaking to Minivan News today, the girl’s brother said police checked the house on Wednesday with a court order, taking his sister in for questioning.

“When they took her statement, among their questions was when she got married, why did she go abroad for the marriage and whether she got married at such a young age because the family asked her to or why she had decided to get married at her age,” he said.

He added police told her she might be arrested if she refused to answer their questions truthfully.

“So my sister cried and gave them the statement,” he said.

Police took her to the hospital for a physical examination before taking her statement, he added.

When police arrived at the house at 1.30pm on Wednesday, he continued, they showed him a court order authorising them to check if the girl suspected of being a concubine lived at Ma. Saamiramanzil.

He added police confiscated religious literature, books, CDs and his hard drive.

After the girl was released, he said, police said they did not consider the girl to be a concubine.

“So we asked them not to give this information to the media until the case was finished and they said, no, it won’t go to media,” he said, but when they came home they heard the news on the radio.

Concubine

The issue was brought to public attention by former Attorney General Azima Shukoor at a Dhivehi Rayyithunge Party rally in September.

Azima said she had read an article on freelance journalist Hilath Rasheed’s blog about an under-age girl taken to Indira Gandi Memorial Hospital (IGMH) who was being kept as a sex slave.

Both police and the Human Rights Commission of Maldives (HRCM) have since been investigating the case.

Earlier this month, the HRCM said it had confirmed the reports and the doctor who examined the girl was told by her female guardian that she was a concubine.

“When the doctor at first did not understand what a ‘jaariya’ [concubine] was and he asked again differently, he was told that she was a jaariya kept by her husband,” said Ahmed Zahid, vice-president of the commission.

The girl’s brother said she was taken to Indira Gandhi Memorial Hospital (IGMH) by her sister-in-law.

“We went because I was having a stomach pains, made an appointment and showed to the doctor,” said the girl. “They took a blood test and we got the report that night. It was not positive.”

“She definitely didn’t say this was a jaariya. She said this is the wife of my husband’s brother,” he said.

While the police told the family that they did not inform media, he said, the family believed it could not have come from any other source.

Media spotlight

On Wednesday, local media reported that unnamed sources have confirmed that police had discovered the underage concubine based on records from IGMH.

Three radio stations, SunFM, DhiFM and Radio Atoll, reported the news with the girl’s address, while daily newspapers Miadhu and Haveeru reported the story that night.

He further denied media reports that the girl became pregnant out of wedlock.

The girl’s brother said Haveeru claimed “obscenely” that the girl had been married for four months, but was six months pregnant.

He added Haveeru’s story included the house name making the family’s identity clear.

While the three radio stations retracted the story and apologised when contacted by family, he said, the two newspapers are yet to follow suit.

Marriage
His sister was married in India and had been seeing her boyfriend for a year, he said.

He showed Minivan News documents of forms with witness fingerprints and the girl’s fathers’ authorisation as well as a letter to the family court sent four months before the marriage.

The marriage took place in July at a place where other Maldivians also marry, he said, adding that it had been validated by the family court.

He said the media reports had ruined the family’s reputation, directed the public’s anger towards them and caused the girl psychological distress.

He asked Minivan News to publish the address in this article to ensure they could clear their reputation.

“We don’t even believe in jaariyas,” he said. “Even if it was done in the past, we don’t believe that it can be done today.”

He added the family was considering suing for defamation to protect its name.

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DRP refutes president’s claim

The main opposition Dhivehi Rayyithunge Party (DRP) has refuted claims by President Mohamed Nasheed that the former government seized property and assets of former President Ibrahim Nasir.

At a press conference today, DRP Spokesperson Ibrahim “Mavota” Shareef said it was proven in court that Nasir misappropriated state funds.

“The court made a valuation of those funds and took his property legally as compensation,” he said, adding that Nasheed was misleading the public on the issue.

He added the head of state making such statements was not in the public interest.

Although Nasir was found guilty of embezzlement, he continued, the former government gave back his home, Velaanage, for free.

“[But] Nasir announced that he would sell the house. When he made the announcement, the government requested that he sell it to the government instead of selling it to a member of a public,” he said.

Shareef said he worked at the property claims division of the court that handled Nasir’s case and it was revealed that he had developed resorts from government funds.

The former government did not create a commission to investigate Nasir, he said.

“It was proven in court that Velaanage, many resorts under Ibrahim Nasir’s name and many plots in Male’ were bought from state funds,” he said. “If these things are given back today, there won’t be any assets left for the government.”

In his weekly radio address on Friday, President Nasheed paid tribute to Nasir with the first anniversary of his death approaching. 

One year ago today, Nasir’s body was flown back from Singapore where he had been living in exile for 30 years and given a state burial with full honours.

The president said Nasir’s “honour and dignity” was damaged, different stories were told about him in the past 30 years and his property was seized.

“I am saying his property has been appropriated because the government took Ibrahim Nasir’s house, Velaanage,” he said. “And the government has now constructed a large building there. Velaanage is the ancestral home of that family. The Velaanage family is the most ancient and oldest family in the country.”

He added the family’s genealogy went back at least 700 years and Velaanage has been in the family for that period.

Shareef said DRP condemned the president indicating that he wanted to give a property of the state back.

He added the property was not registered to former President Maumoon Abdul Gayoom or his family members, but as a property of the government.

The president said it would give him great pleasure to name the office complex in Velaanage in Nasir’s honour and put up official documents of Nasir’s reign for public viewing.

“That way, people will know how things went on during his rule, how he ruled and how he made decisions,” he said.

The DRP spokesperson said the party did not object to naming the office building in Nasir’s honour, but would not support giving it back “for a third time”.

The party would welcome releasing documents from Nasir’s government, he said.

“The main thrust of my argument is that while there are important social, economic and health problems, instead of taking measures to deal with it, the government is focusing on things done by the former government,” he said.

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Letter on veils in schools

Dear Editor,
If wearing veils is compulsory this would be the most radical society since the TALIBAN. I know you are not Mullah Omar, so please please veto this straight away, tie a rope around Islamic Ministry (Bari and Shaheem), and make sure our society is not radicalised more than it already is.
Adhaalath party and people at Islamic Ministry have no understanding of Maldivian culture and Heritage.
I look to President Nasheed to save us from this evil!
Regards,
Anonymous

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Letter on non-Muslim places of worship

Dear Editor,
It seems rather ridiculous to me that the President has called for a ‘religious ruling’ over the proposal to ban places of religious worship for non-Muslims.
While the constitution refuses to recognise non-Muslim Maldivians, so it rather obvious that any places of worship would only cater to foreigners residing in our country. (Just like they let us worship in their countries)
The petty, narrow-minded and rigid stance adopted by our parliamentarians in denying others the rights that they covet for themselves is going to set a very bad example indeed.
What will be the ramifications when word goes out to foreigners that they will not be respected or treated with dignity in our country?
What does it do to the reputation of the country among well wishers in other countries? And what indeed will such a petty move do to the image of Islam as a tolerant religion?
Similarly, the move to deny non-Muslim workers the Ramzan benefits and bonuses.
Will such a move raise the image of Islam, or demolish it among non-Muslims? It seems our leaders are bent on promoting the negative stereotype of intolerant fanaticism, rather than showing the better aspects of our religion, civilization and culture.
Our parliamentarians need to get their priorities right, and stop fooling the people. These are just loud debates they start to hide their overall incompetence in doing anything in the interests of our people.
Regards,
Anonymous

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Letter on swine flu

Dear Editor,
I find it silly and uninformed that the authorities are trying to allay fears about H1N1 that are unfounded. So far the swine flu appears to be even milder than the seasonal flu and less people are expected to die from it than the seasonal flu.
Furthermore, WHO estimates two billion people will be infected. That is one of every three people in the world. There is no way it can be contained by isolating a few people in Ungoofaaru or anywhere else.
Authorities please stop spreading the uninformed hysteria and news agencies please stop fanning it by publishing these stories.
Regards,
Anonymous

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Letter on non-Muslim places of worship

Dear Editor,
President Mohammed Nasheed has asked about the position of the Shariah on freedom of religion. I do sincerely hope he will consider the opinions of many scholars but here is one perspective.
The Qur’an says:
[“Let there be no compulsion in religion: Truth stands out clear from Error: whoever rejects Taghut (evil) and believes in Allah hath grasped the most trust worthy hand-hold, that never breaks. And Allah heareth and knoweth all things. ” (Qur’an 2:256)]
Literalists, mainly the Hanbali school of thought, argue that the above verse was replaced and abrogated (naskh) by verses commanding the Muslims to force others to submit to Islam.
Contextualists argue that forcing others to convert referred only to those who were attacking Muslims and so it was necessary to bring them into the fold only for STRICTLY self defence purposes and to prevent them from tyrannizing, exploiting the Muslims as well as their own children whom the pagans were killing. For contextualists, freedom can only be overridden when it is in the interests of human security.In this sense to impose religious restrictions on one who sacrifices their children as part of their religion is justifiable. Such could be forced into Islam, for example. However, if one is not a threat, or is not killing their children, contextualists would argue, it is against the liberating essence of Islam to force conversion.
From this point of view, it is against Islam to restrict freedom of worship for either foreigners or for non-Maldivian Muslims (though constitutionally there is no such thing as non-Maldivian Muslim’s the reality is different.)
Prophet Muhammad (SAW) extended rights to religious minorities (JEWS and Christians) in the Charter of Madinah, giving the non-Muslims the right of choosing a legal system they wished their affairs be governed by, be it Islamic or Jewish law or pre-Islamic Arab tribal traditions.
Under the Sharia law as determied by the four commonly adknowledged ‘Sunni Madhab’s’ (schools of thought) non-Muslims must pay a tax called Jizya if they want to be protected by the Muslims.
Those who’ve analyzed the Qur’an, Sunnah and Islamic historical context have argued that Jizyah tax was only due because the non-Muslim generally did not participate in Jihad for defence of the Islamic State, and therefore were paying for services. In this light, if a Muslim state is not at war, a non-Muslim citizen should not have to pay Jizyah.
The ijma (consenus) of the traditional Madhab’s is that an unrepentant apostate should receive the death penalty. There are different points of view on what exactly constitutes apostasy and how long the Muslim should be given to return to Islam, but this was the generally understood law in Muslim societies, a perpetually unrepentant apostate was to be killed.
Contextualists argue that the death penalty was only applied by Qur’an and by Sunnah for apostasy to save life because, the pagan religion was very inhumane in killing children – in murder and the non-Muslims were at war with the Muslims. This meant that by definition an apostate was a murderer or wanted to kill the Muslims.
In this line of thinking, to kill or repress an apostate who is not a threat is a brutal violation of the liberty promoting essence of Islam.
Regards,
Abdul-Rahman

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