Month: August 2010

Chinese couple disappear at sea, leaving 13 year old daughter

A Chinese couple holidaying in the Maldives disappeared from their resort on Saturday after they went for a swim, according to the Maldives National Defense Force (MNDF).

The 38 year old woman and 40 year old man were holidaying with their 13 year-old daughter on the Hilton Irufushi Beach and Spa Resort in Noonu Atoll.

Lieutenant Abdulla Jaleel said that MNDF had already searched 102 square miles from air and sea, attempting to locate the lost couple.

“Yesterday we checked near Rehendi Resort, today we started to search near Dhigufaru island,’’ said Jaleel. “We have been unable to discover any sign of them.’’

“On that day, we received a report from a speed boat  travelling in the area that they thought they had seen a woman lying face down on the surface, but when they turned towards the direction of the woman to check, she had vanished,’’ Jaleel said. “MNDF Nothern Area coast guard immediately went to the area, but there was no sign of them.’’

Daily newspaper Haveeru reported that the couple and their daughter went to the beach and that their daughter walked around the beach collecting shells while her mother and father were swimming. When she came back she noticed her parents were missing.

Jaleel said that the missing couple’s daugter was now under observation at Irufushi resort.

The resort issued a statement today saying it had immediately launched its emergency search and rescue plan, and contacted the MNDF Coast Guard.

“The hotel is assisting the authorities and all efforts are being made to locate the guests. The well being, safety and security of our guests are of paramount importance and the Hilton Maldives / Iru Fushi Resort & Spa continues to make every effort to ensure that all practises and standards are in line with strict safety and security regulations,” the resort said.

On February 27, a 69 year old German tourist died while snorkelling at Embudhu Village Resort in Kaafu Atoll, eight kilometres from Male’.

On March 1, a Chinese tourist died while snorkeling at Chaaya Lagoon Hakurahura Island Resort. Two weeks later on March 14 a second Chinese tourist died at Holiday Inn Kandooma Resort.

Correction: A previous version of article incorrectly stated that a Chinese couple died at Holiday Inn Kandooma Resort on March 14. The male guest died while the female guest was revived.

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Comment: What do you call a lawless State?

On Tuesday the Maldives appointed a Supreme Court bench in one of the few displays of cross-party cooperation seen in parliament since the ratification of the 2008 Constitution.

But Raadhafathi, a Maldivian national currently working on a project to strengthen the justice sector of the Maldives, and with experience training judges and inspecting courts all over the country, claims the road to an experienced, impartial and capable judiciary will be long and arduous.

The Maldives is in a state of transition. A new Constitution, a new Supreme Court, a new President, multi-party systems and many other factors creating a crucial period for the judiciary as well as for the country as a whole.

I am writing this to highlight the justice sector of Maldives.

Since independence the Maldives has acceded or ratified the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR), Committee on the Elimination of Racial Discrimination (CERD), Committee on the Elimination of Discrimination against Women (CEDAW), Convention Against Torture (CAT), Convention on the Rights of the Child (CRC) and Convention on the Rights of Persons with Disabilities (CRPD). The Maldives was officially awarded a seat in the UN Human Rights Council in Geneva in May 2010.

The Constitution adopted in 2008 provides for independence of the judiciary, creates new individual liberties, establishes judicial review and gives certain responsibilities relating to the judiciary to the Judicial Services Commission (JSC). These developments present challenges as well as opportunities for the judiciary.

The dynamic reforms of the past two years require that the judiciary transforms itself to ensure that it has the capacity to address the issues brought before it in the coming years. The Maldives is geographically unique in that it is comprised of 20 Atolls containing nearly 1200 islands, out of which 200 are inhabited. This presents numerous governmental challenges which judiciaries in other countries do not face.

During the past five months I have:

  • Been involved in the training of 18 Judges from the Malé courts and 23 Magistrates from the Island Courts on Human Rights and the Constitution;
  • Interviewed NGO’s, Human Rights Commission of the Maldives, Migrant Workers, Bangladesh Embassy, Indian High Commission, Department of Immigration and private lawyers.
  • Visited all the police stations, prisons and detention facilities in the Malé surrounds;
  • Interviewed prisoners and prison staff
  • Visited and interviewed drug rehabilitation facilities
  • Visited all the courts in Malé and interviewed judges and court staff including the [interim] Chief Justice of the Supreme Court
  • Visited Southern and Northern Atolls Courts and interviewed Magistrates, Atoll police commanders, Investigation officers, court staff, prosecutors and court users in the community.

It is evident there is an urgent need to increase the capacity of judges and the court staff to handle the number and complexity of the cases brought to the judiciary, in particular protecting rights enshrined in the Constitution. In addition, Human Rights is a new concept in Maldives and very few people poses the necessary skills and knowledge.

Major features and problems of the legal and judicial system operating in the Maldives

There are total of 208 judges/magistrates in Maldives. Although rights are defined and independent institutions exist to ensure rights are protected, the weakness of the current legal framework lies with the lack of trained professionals in the justice sector, in particular judges, magistrates, prosecutors and police.

98 percent of the legal profession in Maldives (including prosecutors, lawyers, judges, magistrates) are less than qualified to be in the legal profession. Most judges and magistrates have only completed secondary education, and they are not required to be lawyers.

Very few have completed undergraduate or post graduate degree from a western country. Most degrees are from Egypt or Saudi Arabia, and they are usually from unrelated fields. Some have received a Diploma in Sha’riah Law from Institutions established in Malé.

There is no common denominator in judicial training and experience. Some have learned in Arabic, some in Dhivehi, a few in English (the majority of the Judges I have met do not speak English to a serious degree).

The average age of judges at present is 28-32 years.

This situation gives rise to many problems such as reconciling Shari’ah law and the codified common law, as well as the attitudes of judges trained in the Shari’ah law and lawyers trained in common law traditions of the Commonwealth. In addition, the lack of laws governing legal procedure exacerbates the situation further, ensuring there is no consistency in their judgments or conduct of cases.

The judicial system is in considerable chaos. There are no Rules of Court, instead certain rules and regulations are found in more informal publications called ‘Court Circulars’.

In criminal cases, there is no formal onus of proof, and Judges can and do conduct cases any way they want. Every Judge does his or her cases differently and unpredictably.

State attorneys can appear in private legal cases and can be and are members of the Majlis. These arrangements are a direct breach of the separation of powers doctrine. This again demonstrates a failure to appreciate how a democracy and the separation of powers are intended to operate.

The right to a fair trial is a cornerstone of democratic societies. How a person is treated when accused of a crime provides a concrete demonstration of how far a state respects human rights. Unfortunately in the Maldives:

  • Courts assume guilt based on the prosecution case before the ‘trial’
  • A Russian national who only speaks Russian is provided an English Interpreter
  • Prosecution did not provide the documents filed to the accused. Prosecution stated “providing a copy to the accused is not included in the budget.”
  • If a woman submits an application for a divorce, the courts treat the woman with disrespect and 99 percent of the time, they are not granted a divorce regardless of evidence produced – even in domestic violence cases.
  • Prosecution takes too long to file a case, particularly in the islands.
  • Legal profession lacks basic advocacy skills
  • Majority of the legal profession are not competent. They are independent by law but not in practice. As for impartiality – the island courts in particular – this is not exercised due to the small community they live in. Island prosecutors often discuss matters with the magistrates. The prosecution is also allowed to go and spend time with the court staff, while the accused is waits outside in the waiting room.
  • Most judges do not know that public can attend hearings. Hence often those who attend are sent away. The other issue is lack of space in the tiny court rooms.
  • Accused not given an opportunity to cross-examine

Despite all this, the JSC, the independent body responsible for the judiciary, approved all judges to be appointed without term (tenure to retire at 70). If the JSC were to continue the way they have been conducting themselves, there is no hope to strengthen the judiciary of Maldives nor to protect rights enshrined in the Constitution.

The transitional period (Chapter 14 of the Constitution) ended on 7 August 2010.  While the Supreme Court has been appointed, unfortunately the judiciary remains in a state of disarray.

No one (including the executive, parliament and judiciary) knows the meaning of the term ‘separation of powers’, ‘what the law is’ nor even what ‘Human Rights’ means.

No one obeys or respects the legal system, and the Maldives legal system is oppressive and unjust. The entire situation contravenes basic tenets of the rule of law and requires urgent change. The concepts of enforceable natural justice, procedural regularity and due process are not known in Maldivian courts.

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

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Comment: Asian growth rebounds – must now focus on broader development goals

As Asia rebounds from the Global Economic Crisis, and resumes rapid economic growth, a big question will be whether Asia will lead the world in achieving the Millennium Development Goals (MDGs) – a set of eight broader development goals for 2015 to which world leaders signed on in 2000 at the United Nations.

At a meeting held in Jakarta on August 2 and 3, Asian ministers and experts discussed the region’s progress and strategies to accelerate it.

Progress on the MDG’s can be described as uneven – some good, some bad and some ugly.

First the good news: Asia has succeeded in the aggregate in reducing poverty since 1990 by some 500 million people. The global crisis of 2008-2009 has halted this progress and may even increase the number of poor by some 30-40 million people. As growth is restored poverty reduction will resume although with a lag and those that fell back into poverty will need greater support to climb back. Asia has also made good progress on education: particularly on enrollment, and quite noteworthy is the increase in girl’s enrollment.

Infant mortality has also declined and helps explain the rise in life expectancy in the region as immunization programs have been successfully rolled out in many parts of Asia. More than half of Asia’s population now have access to safe drinking water. Across the region China, Vietnam, Thailand , Malaysia, Iran, Sri Lanka and some Pacific Island countries as well as Maldives stand out in making the most dramatic progress across a wide range of MDGs.

Now to turn to the bad: much less progress has been made on health indicators such as maternal mortality, as well as on sanitation and environmental goals.

In many countries in Asia well organised health systems – especially in rural areas – do not exist. Even in those that have them, like China and Vietnam, they have deteriorated and out of pocket expenditures have risen to amongst the highest in the world.

Basic sanitation has also not been accorded the highest priority in many parts of Asia leading to greater propensity of health epidemics.

While the carbon foot print per capita in many parts of Asia remains small because of low incomes, the carbon intensity of development in Asia as a whole remains very high and China is now the largest consumer of energy in the world. Degradation of land and water systems also has a worrisome trajectory.

Growth has helped reduce poverty but rising inequality in almost every country in Asia has enhanced social tensions and reduced the potential impact of growth on poverty reduction. Had inequality remained the same as in 1990, another 300 million people could have climbed out of poverty for the same level of growth.

Incomes at the top of the distribution have grown faster than those in the bottom. Though reasons behind rising inequality are complex, some broad themes emerge. First, there has been a relative neglect of the agriculture sector by the development community both at the national and international levels. Second, globalisation processes favour skilled labour against unskilled labour – leading to slower growth of wages among the poor.

In this context, Asian countries that have grown rapidly over a decade, but have not seen substantial reduction in poverty and hunger rates will need to focus specifically on the inclusiveness of their growth strategy.

This is also is the ugly side to the Asia story; which is that of hunger and malnutrition; with almost 600 million people going to bed hungry every day. The irony is that over this period Asia has eliminated the scourge of famines and per capita foodgrain availability has increased, yet hunger affects millions.

Asia’s social assistance programs and food subsidy systems have not succeeded in reaching these hungry people. The massive rise in food prices in 2006-2008 had a hugely disproportionate effect on the poor, with the bottom quintile seeing a decline in purchasing power by 24 percent versus only a decline of 4 percent of purchasing power for the top quintile.

Well targeted conditional cash transfer programs – such as those in Latin America and cash for work programs such as the Mahatma Gandhi Employment Guarantee Program in India could help the hungry get the minimum needed to avoid hunger and keep their children sufficiently nourished.

The resources and political will exist in Asia to fix these problems. As world leaders gather in September at the UN for the MDG Summit there is much to learn from Asia and much to be gained by renewing the political will within Asia to try and accelerate progress on the MDGs.

As growth resumes in Asia the smaller resource rich Asian economies such as Mongolia, Laos, and Papua New Guinea are on the verge of a dramatic increase in their resource base to tackle the MDG’s. The attainment of MDGs offers a good guidepost to ensure that their resource boom does not become a resource curse, because the MDGs offer a much broader yardstick of development than income alone.

In the rapidly growing export led economies of Asia, reducing inequality by ensuring a much more inclusive development strategy, improving social protection for health, old age and natural disasters is vital for ensuring that those who get out of poverty do not fall back into it permanently.

Greater regional integration is vital to ensure that the benefits of rapid growth in the region benefit all. Free trade agreements are stitching together, slowly but gradually, a common market; but pan Asian infrastructure still lags behind and is vital to ensure that prosperity spreads across Asia.

Above all Asia must begin systematically to address social and cultural inequities: gender, caste and ethnic to ensure that not only will huge progress be made to achieve MDGs by 2015 but that an Asian renaissance will be triggered to lead to an Asian century.

Ajay Chhibber is UN Assistant Secretary General, UNDP Assistant Administrator and Director for UNDP’s Regional Bureau for Asia and the Pacific.

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

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Letter on Hulhumale’ Hospital

Mr President,

I am writing you, Mr President, to inform you about the death of a student of Grade 9 at Ghaazy School Hulhumale’ on August 9, 2010.

According to the student’s parents, the student attended Hulhumale’ Hospital with severe chest pain on August 8, 2010. A doctor (an Indian national) prescribed medicines and sent her away without doing any of the investigations which are usually done by good doctors.

Since all chest pains are NOT normal, this doctor should have referred her to the physician who is also working at Hulhumale’ Hospital. But this doctor neither referred her to that physician nor did any investigation like an ECG or blood tests, from which a physician could normally identify whether it was a chest pain related to gas in the stomach or a heart-related problem.

So, therefore, I would like to inform you Mr President, that this is a problem which has to be solved without any further delay. I also like to mention that this is a very sad story, and that many people who seek medical treatment at this hospital feel that some doctors and nurses are so careless that they recently gave an expired injection (which was sold by a pharmacy) to a young child without noticing that it was expired. This means neither the pharmacist nor the nurse noticed that it was already expired.

This is not something we can correct by investing additional money BUT we can easily with proper supervision of the hospital manager. For this hospital it is much, much easier to solve such problems because the hospital manager is both a manager and a medical doctor.

Mr President, this email is intended to inform you about what is really happening in our beloved country so that our beloved President could keep it in mind even with the very tight and very busy, VERY IMPORTANT engagements at this critical time.

Hameed

All letters are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write a letter, please email it to [email protected]

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Maldives fasting as month of Ramadan begins

The Maldives has entered its second day of fasting after the holy month of Ramadan began yesterday.

The Islamic Ministry of the Maldives declared that yesterday was the first day of Ramadan and that people should begin fasting, abstaining from eating and drinking between dawn to sundown. Muslims who are ill or travelling are permitted to delay their fast.

Ramadan marks month in which the Quran was revealed to mankind, the ninth month of the Islamic calendar.

The rituals of month – such as fasting and sexual abstinence – are intended remind those who follow Islam of their duty as a Muslim, by keeping them away from worldly temptations to tame the mind and instill determination.

“Ramadan is an occasion to renew family ties and brotherly relations among Muslims,’’ said President Mohamed Nasheed, requesting that disputes and disagreements people be left behind as people work for the benefit of the country.

The daytime pace of life in Male’ has already slowed, with the capital’s usually vibrant cafe culture shifting to the evening, after sunset. Government offices close at 1:30pm during Ramadan, rather than 4:00pm, and the streets are noticeably quieter.

Interestingly, the popularity (and price) of watermelon surges during Ramadan in the Maldives, with the fruit valued as a ‘break fast’ specialty because of its high water content and easily-absorbed sugars.

The Islamic Ministry will meanwhile hold religious sermons every day after Asr prayer. Special functions will be held on every Friday and Monday evening, when religious scholars will preach on different topics. The Islamic Ministry has said those present will be able to querying the scholars who attend.

State Islamic Minister Sheikh Mohamed Shaheem Ali Saeed explained that in all Islamic countries it is also prohibited for non-muslims to eat or drink anything on the streets during Ramadan.

”Non-Muslims should respect the month of Ramadan, and our beliefs and culture,” said Shaheem. ”That doesnt mean that they can’t eat in their homes, in their private life.”

Police Sub-Inspector Ahmed Shiyam said that police would take action against foreigners observed to be eating publicly during the holy month of Ramadan, ”and as for Maldivians, we will send cases to the Prosecutor General’s office and to court. With foreigners also we will take action according to suggestions from the PG.”

President of the Adhaalath Party, Sheikh Hussein Rasheed Ahmed, has posted Ramadan greetings to the president and first lady of the Maldives, as well as the Vice President and his wife, senior state executives, leaders of all the political parties, diplomats from different countries, members of the party and the people of the Maldives.

Vice president of religious NGO Jamiyytahul Salaf, Sheikh Hussein Moosa Fikry has delivered a sermon on how to correctly observe fasting, according to the habits of Prophet Mohamed [PBUH].

Famous religious scholar Sheikh Adam Shameem Bin Ibrahim has also has delivered a sermon related to the holy month of ramdan.

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Adhaalath party congratulates parties for ending Supreme Court deadlocks

The Adhaalath Party has congratulated the parliament and the government for coming to an understanding over the controversial issue of establishing the Supreme Court and appointing a Chief Justice, on conclusion of the interim period of the constitution.

“We praise and thank the speaker of the parliament and the government for the sacrifices they made and for the unity they showed for the first time, to establish the Supreme Court and to appoint the Chief Justice,’’ said the party in a statement.

“We also congratulate the new Chief justice and the Supreme Court judges who have been appointed permanently.’’

The party said they hoped the Supreme Court would bring balance and justice to the country and that the unity parliament had showed would be continued..

Earlier this week a surge in political partisanship, caused by disagreement over the interim period set out in the Constitution and the locking of the Supreme Court by the military, had threatened to derail the appointment process and leave the Maldives without its highest judicial authority.

However on Tuesday morning parliament approved the amended judge’s bill with 71 in favor, out of 73 members present. It was quickly ratified by President Nasheed shortly after lunchtime.

The new Judges Act enshrines judicial independence, governing ethical standards and rules on appointment and dismissal, as well as powers, responsibilities and practicalities such as salaries and allowances. The law also requires serving judges to meet a certain standards within seven years, or face dismissal.

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Price of watermelon skyrockets with Ramadan

The prices of staple food items has risen following the start of Ramadan, according to a report in Haveeru.

Potato, carrot and tomato all increased in price, while watermelon increased to Rf15 (from Rf8 this time last year).

Demand for watermelon skyrockets during the holy month of fasting, with the fruit a very popular Ramadan breakfast item because of its high water and glucose content.

Dried fish rose in price to Rf35-Rf40 a unit, while fresh tuna ranges from Rf25 to Rf50.

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Adhaalath Party launches fund for flood victims in Pakistan

A fund launched on Friday by the Adhaalath Party will go towards humanitarian aid for the millions of people affected by the worst flooding in Pakistan’s history.

Speaking to Haveeru, Adhaalath Party President Sheikh Hussein Rasheed Ahmed said Pakistan’s population mostly consisted of Muslims, and called on “everyone to provide humanitarian aid for the victims in this holy month [of Ramadan].”

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Huvafen grooves to Charles Schillings beats

A sense of anticipation filled the air. Dozens of stars twinkled in the sky, while lamps hanging from the trees and soft lighting at the tables gave the beach of Huvafen Fushi a warm glow last Friday.

People lounged about in the ultra comfortable seats, casting glances at the DJ console standing almost at the edge of the deck that stretches out to the sea.

At Huvafen Fushi, a luxury retreat managed by Per AQUUM Retreats, high end luxury and top notch service blends with the stunning natural beauty of the island.

World Famous French DJ Charles Schillings is the star of the evening. Dressed casually in a black T-shirt and cut-off jeans, Schillings arrived, stopping to chat with those present along the way.

Despite being one of the top names in the world of DJing, and with three self-produced albums to his name, Schillings comes across as an extremely down to earth guy, interacting with those who stop by his console, and grooving to the music he plays.

Artists as diverse as Prince, Jackson 5, Lenny Krevitz, Dustry Springfield, Black Eyed Peas and Beatles are played alongside lesser known names.

He blends different genres and different epoques of music as effortlessly as a master weaver would weave a tapestry.

Under the starry night DJ Schillings played, giving a whole new ambience to the island resort.

Minivan News obtained an exclusive interview with DJ Schillings.

Aishath Shazra (AS): When did you first become interested in music?

Charles Schillings (CS): I was watching a Jackson 5 cartoon back in the 70s and a DJ was performing and Michael Jackson was dancing to his tunes. I was nine then and I knew what I wanted to do for the rest of my life.

AS: Which musicians have influenced you over the years?

CS: I grew up listening to various genres of music and bands, and especially the ones from the early 1980s from the post-Punk period. I was mostly inspired by Talking Heads, Shriekback, Depeche Mode, Karftwerk and the Jackson 5.

AS: You are renowned for reading the pulse of the audience, and your ability to keep them on the floor – what’s your secret?

CS: I keep the venue, the party’s theme and the surroundings in mind. I also experiment with different genres depending on the mood of the crowd. The most important thing is to see and gauge the crowd’s reaction and then zero in on the music I want to play! Funky and groovy elements with a lot of contemporary tunes.

I am also not afraid to surprise my audience as inside my music people may find a beat or a sound to relate to. Watching people move their shoulders tell me a lot too!

AS: Are you familiar with any Maldivian music, and if so, what are the chances of it (Maldivian music) making it into your playlist, or one of your mixes?

CS: I’ve been to Huvafen Fushi for the last four years now and I’ve been introduced to the beats of the Bodu Beru. I find this really the most interesting cultural expression of music and would love to work with it one day. I have heard of Zero Degrees too, but have never met them in person.

AS: You have said Maldives is one of your favourite places to perform, why is that?

CS: Huvafen Fushi is like my second home. Performing in the Maldives is like nothing else out there. I’m closest to the people here, it’s very personal and I have amazing interaction with the crowd. I also play under the stars with the beach literally at my feet, so I’m not complaining!

AS: Having played all over the world, do audience expectations vary in different cities? Where would you say is the best place to DJ?

CS: It’s not the place really that defines an expectations. It’s the crowd, the people that attend my parties that makes the difference. It’s their harmony and my music that brings it all together. So no matter where I am, being with my audience is the best place to be.

AS: Being a sound designer to Karl Lagerfield, spinning for famous designer’s events, to playing at hip clubs around the world, to playing in front of thousands in cities like Tokyo, and London, what has been your most memorable event so far?

CS: Actually, one day while mixing at a Karl Lagerfeld fashion show, I was asked to allow someone into my DJ booth. Now, that is a request I usually entertain. But I agreed this time and to my surprise, it was Mick Jagger! He stayed with me for the whole show.

Kylie Minogue also requested a song from me when I was playing at Dita Von Teese’ birthday last year, that’s definitely memorable. But the most memorable to date is when I met my girlfriend, Sophie, at Lotus in New York eight years ago.

AS: You’ve been DJing, compiling albums, producing and making your own songs, and now producing the soundtrack for a sci-fi movie. What’s next?

CS: I would really like to mix the soundtrack to a big Hollywood movie.

AS: How would you describe your latest album “Like a Radio”? How’re are you feeling about it?

CS: ‘Like a Radio’ has many firsts for my, my first experience with pop, working with only one vocal was also a first for me and it was also my very first double album. 14 tracks on the first CD and 14 remixes of the tracks on the other. It’s really quite interesting to hear how the tracks sound on radio and the remix sound at a party.

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