Maldives endorses war crime investigation in Libya

The Maldives, together with the UK, Qatar and Jordan have passed a resolution in the UN’s Human Rights Council to extend the mandate of the international Commission of Inquiry into human rights violations in Libya.

Foreign Minister Ahmed Naseem said he welcomed the “strong message” the resolution would send to Libyan President Muammar Gadaffi.

“Civilised nations around the world will not stand by as he kills and violates the fundamental rights of thousands of our Muslim brothers and sisters. He will, in the end, be held accountable,” said Naseem.

The resolution came in response to the inquiry’s preliminary report into the Libyan situation, which found evidence of arbitrary killings, enforced disappearances, arbitrary detention, torture and sexual violence against women and children – violations it found represented war crimes and crimes against humanity.

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Adopting Rome Statute benefits domestic legal systems, says Coalition for the International Criminal Court

The Maldives’ decision to accept the jurisdiction of the International Criminal Court (ICC) will provide many opportunities to improve the country’s domestic legal system but is a significant commitment, according to Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO the Coalition for the International Criminal Court (CICC).

Parliament voted almost unanimously on June 14 that the Maldives sign the Rome Statute of the ICC, the founding treaty of the first permanent international court capable of trying perpetrators of genocide, crimes against humanity, and war crimes.

In October 2010, MPs clashed over signing the Rome Statute, using the debate to condemn the “unlawful and authoritarian” practices of the previous government, while MPs of the opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) coalition MPs accused the current administration of disregarding rule of law and negating parliamentary oversight.

President Mohamed Nasheed had sent the matter to parliament for ratification. Following the hour-long debate, during which time  DRP MP and recently-dismissed Judicial Services Commission member Dr Afrashim Ali insisted that the convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom,” a motion by DRP MP Dr Abdulla Mausoom to send the matter to committee was passed 61-4 in favour.

Last week, parliament voted 61-3 in favour of signing the treaty, on the recommendation of the national security committee.

“A major benefit of [ratifying] the treaty is the opportunity for judges and lawyers to participate in exchange and internship programs,” Balais-Serrano told Minivan News, explaining that the domestic legal system of many countries had benefited through exposure to the ICC.

Didactic benefits aside, the decision has ramifications for Maldivian law. Implementing the treaty requires a national commitment to adjust domestic law where it conflicts with the Rome Statute, “or to find ways for it to align,” Balais-Serrano told Minivan News.

One possible reason for the slow uptake of the Rome Statute in Asia is its position on capital punishment – the death penalty – which is legal in many countries in the region but is not present in the ICC treaty, “as are laws concerning immunity, protecting monarchs and members of the royal or ruling family [from prosecution].”

Ratifying the treaty is a pledge to make those revisions, Balais-Serrano said, and to make sure such laws were present whenever crimes under the ICC’s jurisdiction were committed.

She noted that the CICC’s experience was that despite initial concerns in some countries regarding clashes between the legal obligations of ICC signatories and Islamic Sharia law – as in the case of the death penalty – Sharia experts in ICC signatories Afghanistan, Jordon and Malaysia had found no conflict between the Rome Statute and Sharia.

Balais-Serrano acknowledged “frustrations” on behalf of people and governments over misconceptions of what crimes fell under the ICC’s jurisdiction.

“For example, in Bangkok there is a debate between the red and yellow shirts about how to use the ICC to get rid of each other,” she noted.

‘The ICC only covers major crimes, such as genocide, war crimes, crimes against humanity and crimes of aggression. Crimes must be widespread, systemic and of concern to the international community. The ICC does not deal with small cases, even if the victims may be in the hundreds.

“Also present is the concept of command responsibility – the ICC only deals with the big fish. In the past only the small fish may have been sacrificed to show a semblance of justice – but the ICC targets the highest level of responsibility: the head of state, generals, kings.”

Another benchmark for whether the ICC would consider taking on a case was willingness and capacity on behalf of a country’s own judiciary to handle such contentious cases.

Currently the ICC is investigating situations in the Democratic Republic of the Congo, Uganda, Central African Republic, Darfur, Sudan, Kenya and Libya.

Sri Lanka was an emerging candidate, she noted, following the UN’s claim that videos of alleged insurgents being executed by government soldiers were genuine and evidence of war crimes.

“That was how Dafur started,” Balais-Serrano said, explaining that outside an invitation from the Sri Lankan government, the UN’s launching an international investigation would require a mandate from either the UN Security Council, or the UN Human Rights Council.

“China will block [an investigation] in the UN Security Council, so the emphasis is on the Human Rights Council [of which the Maldives is a member],” Balais-Serrano said.

Foreign Minister Ahmed Naseem has previously described the UN’s report into the closing days of Sri Lanka’s civil war as “singularly counterproductive.”

Ratifying the Rome Statute would also have diplomatic ramifications, Balais-Serrano agreed.

“Becoming a member of the ICC can increase a country’s prestige and reputation, through its commitment to human rights,” she said.

“But it also adds pressure to a government to fulfill its obligations as a signatory, and not pay only lip service to human rights and its other international commitments.”

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Supreme Court orders rearrest of businessman charged with drug trafficking

The Supreme Court has ordered the rearrest of Abdulatheef Mohamed, a businessman who was last year charged with drug trafficking after police discovered more than one kilogram of illegal narcotics inside his car, but was found innocent by the Criminal Court last week due to lack of evidence.

The Prosecutor General has appealed at the High Court claiming that the Criminal Court’s verdict was unfair.

Delivering the verdict last week, the Criminal Court said the Prosecutor General had been unable to prove that Abdulatheef and another businessman, Hassan Ali, were guilty of drug trafficking, due to lack of evidence and witnesses presented to the court.

The court also claimed that no evidence was presented to the court suggesting that the illegal narcotics were imported with the knowledge of both Hassan and Abdulatheef. The Criminal Court then ruled that there was no reason to suspect that Abdulatheef and Hassan had an intention to traffic drugs, and freed the pair.

In May, the Criminal Court summoned and ordered the release of Abdulatheef a day after the High Court invalidated a letter sent by the Criminal Court to the police instructing them to release him to house arrest.

The Criminal Court first asked police to keep Abdulatheef, of Gnaviyani Atoll Fuvamulah, in detention as determined by the Home Ministry, until his trial reached a conclusion. However the Criminal Court later sent a letter to the police changing the court’s first decision and asking police to move him to house arrest.

The police then appealed at the High Court seeking for the letter to be invalidated. The High Court judges determined that the order in the letter was not consistent with the applicable laws concerning detention, and overruled it.

The Prosecutor General at the time appealed at the High Court challenging the Criminal Court’s ordering the release of Abdulatheef.

However, the High Court bench ruled that the order of release was lawful and that judges had the authority to order the release of suspects.

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Government targets regional “bridge” building through Addu SAARC summit

Plans for Addu Atoll to host the 17th summit meeting of the South Asian Association for Regional Cooperation (SAARC) this year are said to be on schedule and will focus on the idea of “Building Bridges” between member states both in a physical and diplomatic sense.

At a meeting held today at the Ministry of Foreign Affairs in Male’, the government unveiled its main theme for the SAARC meeting: “Building Bridges” – both in terms of physical connectivity and figurative political dialogue. However, the ministry added that the notion of bridging differences would be represented as the overarching theme of the summit rather than any set diplomatic or development aims.

With the summit scheduled to run from November 10 to 11 later this year, the Ministry of Foreign Affairs claimed that the Addu City convention centre currently being built to host the regional meeting was expected to be completed by September, with 90 per cent of the site’s concrete construction now in place.

In addressing members of the media today, President’s Office representative and Maldivian Democratic Party (MDP) youth arm president Shauna Aminath said that the Maldivian government – as part of SAARC – had been working with fellow member states to try and improve communication and collaboration throughout the region.

Shauna took the recent recommencement of ferry services between India and Sri Lanka after a thirty year hiatus as a physical example of the summit’s own aims to try and strengthen economic and diplomatic ties between different member nations for their mutual benefit and prosperity.

“The idea is to celebrate the differences that we have and use these to unite nations to build a better region. South Asia is specifically unique in that it is home to 100 different languages, ten different major religions and one fifth of the world’s population,” she said. “The Maldives is the lowest lying nation in the world, at the same time [fellow SAARC member] Nepal has the [planet’s] highest points. So these are differences, but we want to use these as an opportunity to celebrate as a united force to build bridges of friendship, peace and security.”

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MDP National Council appoints ‘Reeko’ Moosa Manik as acting chairperson

The Maldivian Democratic Party (MDP) has appointed the party’s Parliamentary Group leader MP ‘Reeko’ Moosa Manik as the party’s acting chairperson for a year, replacing Mariya Ahhmed Didi.

Mariya had previously resigned from the role in anticipation of being appointed Parliament’s representative on the Judicial Services Commission (JSC), however she was last week beaten to the post by Jumhoree Party (JP) leader and local business tycoon, Gasim Ibrahim.

The MDP said that 97 out of 99 council members present voted in favor of appointing Moosa as the acting chairperson, during the party’s 91st national council meeting held at Bandos Island Resort.

The council meeting started yesterday and was initially chaired by the party’s newly-elected Deputy Leader and MP Alhan Fahmy, until the decision to appoint Moosa as the acting Chairperson was made.

Following the decision of the national council, Moosa announced his resignation from his position as the leader of the parliamentary group.

The MDP council discussed the payment of a salary for the party’s deputy chairperson, but resolved not to pay any person at an elected post.

Full details of the national council meeting were not provided and no media outlet was invited to attend the meeting.

Deputy Leader of MDP and MP Alhan Fahmy told Minivan News that the national council meeting “concluded successfully”.

‘’All went accordingly to the party’s charter and rules,’’ Alhan said. ‘’There are no internal issues within the party or the leadership regarding any decisions made.’’

Local media have reported that MDP leader, former fisheries minister Dr Ibrahim Didi, was unhappy with the decision made by the national council to appoint Moosa as the acting Chairperson for one year.

Online newspaper Sun Online reported Didi as claiming that the decision violated the party’s charter and regulations and that he would seek legal advice to clarify whether it was possible.

Alhan however said that he has no information about the remarks made by Dr Didi, and MDP Parliamentary Group’s Media Coordinator MP Mohamed Shifaz did not respond to Minivan News.

President Mohamed Nasheed also attended the national council meeting.

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“Stigmatisation of persons based on religion pressing human rights concern”: Ambassador Adam

Maldives Ambassador to the UN Human Rights Council in Geneva, Iruthisham Adam, has welcomed the council’s resolution to tackle Islamophobia under the framework provided by UN Resolution 16/18.

“Islamophobia and other forms of intolerance, negative stereotyping and stigmatisation of persons based on religion or belief is one of the most pressing human rights concerns of our time,” said Ambassador Adam.

“The problem is not new but has reached new heights in our globalised world where ideas and information, whether good or bad, moves from one country to the next, and one individual to the next, with startling ease. This, together with the fall-out from 9/11 and the War and Terror, have led to a situation where Muslims around the world face daily intolerance and discrimination,” Ambassador Adam said.

The resolution was jointly proposed by the Maldives during the 16th session of the UN Human Rights Council.

“It provides a comprehensive framework for action including awareness-raising and education, legislative steps and administrative measures,” Iruthisham said. “Most importantly, it was adopted by consensus. Only by working together, by taking action individually and collectively, can states hope to build a world where people of all faiths and religions live side-by-side in an atmosphere of mutual tolerance, understanding and good-will.”

“This last point – the importance of all States working individually as well as collectively – is, we think, key. In the context of tackling Islamophobia, this means that the Maldives does expect countries, especially in the West, which are faced with problems stemming from societal intolerance and vilification of Muslim minorities, to take real and robust action in line with Resolution 16/18. But it also means that we in the Maldives, and in the wider Islamic world, must be willing to also take steps to promote a better understanding of our religion and what it stands for, and to promote dialogue with people of other faiths.”

Ambassador Adam claimed all states had a responsibility to take action against those who promoted violence in the name of religion, and said that it was important to defeat such people “in the battle of ideas.”

“For example, in the Maldives, we are working, in our new democracy, to counter act the false perception that people must make the false choice between devotion to Islam on the one hand, and the full enjoyment of human rights on the other,” she said.

“None of this is easy, for the simple reason that the Maldives does not exist in a vacuum. Rather, we are buffeted by global winds. This is why, in response to the numerous [Universal Periodic Review] recommendations we received on matters of religious tolerance, the Maldives recently announced its intention to organise, during 2012, a major international conference on progressive Sharia jurisprudence and human rights. With this conference we hope to revive the concepts of peace and tolerance, co-existence and inter-faith harmony that exist in Islam.”

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Surfing champs descending on Maldives to contest Four Seasons prize

Some of the most revered names in competitive surfing are expected to convene in the Maldives later this year to compete in a special tournament being hosted at Four Seasons’ Kuda Huraa resort.

According to Four Seasons, six world champions including Australians Mark Richards and Layne Beachley will be among the surfers competing for US$25,000 in prize money as part of the Four Seasons Resorts Maldives Surfing Champions Trophy.

The tournament, which will be contested later this year from August 29 to September 5, will be hosted in conjunction with travel provider Tropicsurf and see three different generations of surf disciplines including Single Fin, Twin Fin and Thruster being contested.

According to the event organisers, the decision to host the tournament in the Maldives highlights the growing regard for the country as a major surf destination that it claims offers some of the “most impressive, consistent and warmest swells.”

Four Seasons said it will also be offering special packages for guests to visit Kuda Huraa and take in the competition from both land and sea.

More information on the tournament can be found here.

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MNSL appoints director to oversee closure of Singapore operations

Cabinet Secretary Abdulla Saeed has been appointed to manage the closure of the Maldives National Shipping Limited’s (MNSL) Singapore operations, according to media reports.

Haveeru reported that Saeed, who also serves as chairman of the Maldives National Oil Company (MNOC), will work as a director alongside a staff accountant in order to settle any outstanding debts and return company assets to Male’ ahead of the office being shut.

The decision to close the group’s Singapore office has reportedly been taken as the company’s cargo carriers were not operating in the country.

According to Haveeru, the former office head of the MNSL’s Singapore operations, Mohamed ‘MM’ Moosa Manik, had been offered the director post but had opted to leave the company instead.

Saeed is himself already based in Singapore, according to the report.

The MNSL operates as the Maldives’ flagship freight transportation group.

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Comment: Ghettoes of the mind

They say the wealth of volumes it contains

Outnumbers the stars or the grains

Of sand in the desert. The man

Who tried to read them all would lose

His mind and the use of his reckless eyes.

… said Caliph Omar, describing the Great Library of Alexandria before commanding his soldiers to destroy it, in Jorge Luis Borges poem ‘Alexandria, AD 641’

Over a thousand years later, modern man finds himself, much like the legend of the book-burning Caliph, face to face with all the world’s knowledge – the manuscripts and parchment now replaced by signal bits flowing through the electronic veins of the World Wide Web into which the globe has become intricately interwoven.

The volume of information generated every 48 hours now exceeds the sum of all the words uttered by mankind since the beginning of time until the 21st century, according to Eric Schmidt, former CEO of Google – an Internet behemoth consumed by the idea of indexing “all the world’s knowledge”, having taken up the challenge of painstakingly scanning every book ever printed, capturing every image, collecting every video, and recording every musical note.

If informed debate is the catalyst that strengthens democracy, and communication the antidote to war, then the Internet has provided an inexhaustible source of illumination, and an unprecedented platform for billions of people to engage with each other.

And yet, a curious thing has happened. The avalanche of papers, viewpoints, analyses and thoughts has left in its wake a society that appears to be increasingly unreceptive to fresh ideas.

Reality distortion field

The discerning Caliph’s observation that “The man who tried to read them all would lose his mind” is especially true of the Internet.

Recently, Google rolled out a feature by which a person’s search results would return content recommended by friends and family who are likely to share his opinions. Unknown to the user, his search results are already being tailored based on a number of other factors, including his reading habits, location and previous search terms.

Perceptive users of social networks like Facebook would notice algorithms carefully designed to weed out content posted by non-like-minded ‘friends’ from appearing on their activity feeds – resulting in their ‘Wall’ being plastered with views they largely agree with.

In other words, the web is increasingly becoming a deceptive mirror, telling one exactly what he wants to hear.

This collateral censorship due to skewed results tends to create a bubble around users, steeping them in a confirmation bias that results in highly polarized views, which is evident from volatile, emotionally charged comments on the Internet, often over trivial matters.

As with real life, polarised extremities can rarely engage in healthy, democratic debate.

It is easy to observe the balkanisation of the web simply by identifying the cartels of blogs and personal websites. Liberal bloggers link to one another. Islamist websites feed off each other’s content. Christian blogs share gossip in their own closed loops. Creationist networks cite each other as sources. Atheist campaigners pat each other on the back. Environmentalists. Conservatives. Anarchists. Nationalists.

Not only are people becoming increasingly isolated in self imposed online ghettoes, but the gated communities are becoming mutually hostile and blindly dogmatic than ever before.

The scepticism of climate change deniers towards easily verifiable statistics demonstrates this phenomenon, as does the fanatic’s contempt towards established science.

The Internet has made it incredibly easy to find out and learn about other peoples and cultures, other religions and perspectives, other views and opinions. And yet, the Internet is also where racists, bigots and supremacists have found refuge.

Despite thousands of scholarly articles, research papers, scientific publications and public archives available freely online, the Internet is also a place where conspiracy theorists continue to thrive, carefully avoiding the zones of enlightenment.

In other words, users intimidated by the bewildering expansiveness of available information can become ensconced in a comfortable, personally tailored reality that the Internet is happy to provide.

Thought Control Protocol

Cult leaders, dictators and fanatics are known to confiscate and burn books by dissidents and ‘heretics’, in order to ensure their followers’ unwavering adherence to ideology.

The combined knowledge of antiquity went up in flames in Alexandria, and plunged civilization into darkness and wasted centuries. While the modern-day Caliphs cannot quite burn down the intangible web – they have figured out that it can be regulated or, even better, replaced.

The People’s Republic of China effectively hides one-fifths of humanity behind their Great Firewall, blacking out entire concepts, ideas, and incidents from history.

The famous satellite photograph of the Korean Peninsula taken at night, that shows an isolated North Korea plunged in darkness, in stark contrast to the brightly lit South illuminated from coast to coast, also accurately illustrates the North Korean regime’s absolute black out of information from its citizens, cloaking them in a terrible darkness.

In the aftermath of the ‘Twitter revolutions” across the Middle East, Iran is reportedly pressing ahead with plans to move its entire online population to a “private, regulated Internet” within two years, cutting them off from the rest of the world.

As with political mullahs elsewhere, the Iranian clergy deny they have any political motives (perish the thought!) Instead, they have put forward the honourable, time-tested justifications of “protecting Islamic values” and “preventing corruption of the youth from evil, Western influence”.

Myanmar and Cuba also have private nation-wide networks, designed similarly with noble intentions of preventing their innocent citizens from eating from the forbidden tree of knowledge.

The unrestricted, untamed power that the Internet bestows into the hands of ordinary people has made it the bane of theocracies and other dictatorships seeking rigid control.

The collapse of a brutal, 30 year old dictatorship in two weeks bears testament to its immense capabilities – and the reason why politicians are increasingly clamping down the Internet, including in the West.

Even young democracies like the Maldives have shown symptoms of this malady, with the present government banning several websites deemed to be critical of the Ministry of Islamic Affairs and the political party that controls it.

The desire to control and censor information in the Internet age is the surest sign of authoritarianism, and should rightfully alarm proponents of democracy.

Even when the censorship is self-imposed and cultivated by a desire to live in a tailored reality, then also, democracy is equally threatened.

Democracy thrives on free flow of information. To achieve this, it is not sufficient to just bring down authoritarian regimes, but one also must break down mental barriers that form the walls of the Internet ghettoes and reach out to the other side.

For democracy to survive, one must boldly confront views that are often unpleasant, patiently hear out ideas that are uncomfortable, and acknowledge voices that disagree with oneself – because, as it turns out, it is exceedingly easy to be wilfully ignorant, despite having the world’s knowledge at your fingertips.

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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