Supreme Court concludes hearing concerning MP Abdul Hameed’s disqualification from public office

The Supreme Court has concluded hearings of a suit filed by Presidential Commission member Abdulla Haseen, to determine whether independent MP Abdul Hameed’s seat in the parliament is vacant.

The Criminal Court has previously ruled that MP Abdul Hameed was guilty of corruption, a verdict that disqualifies him from holding public office as an MP.

According to the constitution, any MP sentenced to a term longer than one year will be disqualified and his seat will be vacant. Hameed was sentenced to 18 months banishment.

Progressive Party of the Maldives (PPM) MP Ilham Ahmed, Jumhoory Party (JP) Youth Wing Leader Moosa Anwar, Adam Asif of Laamu Atoll Gan, and Hameed requested the court authorise them to speak in the hearing and were granted permission.

Speaking in the court, Hameed’s lawyer said that he still had a right to appeal any decision, and requested the Supreme Court declare that such a suit could be conducted.

Ilham’s lawyer said that following the ruling of Criminal Court, Hameed’s seat was vacant, and claimed that the parliament was deadlocked because of Hameed’s attempt to sit and take part in the parliament sessions.

He also requested the Supreme Court declare that Hameed could not attend parliament sittings prior to the conclusion of the case.

Asif’s lawyer also contested  that Hameed’s seat was now vacant, adding that after the Criminal Court’s ruling, Hameed did not qualify to be an MP.

Concluding the hearing, Chief Justice Ahmed Faiz said that there will no more hearings of the suit and that the court will now conclude the case.

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PPM vows to defend “national heroes” who destroyed Pakistani SAARC monument

Protesters who toppled and then set fire to the controversial Pakistani SAARC monument in Hithadhoo, Addu City, are “national heroes”, the Progressive Party of Maldives has said, vowing to “do everything we can” to defend those arrested for attacking the allegedly “idolatrous” monument.

Speaking at a press conference yesterday, Mohamed Waheed Ibrahim ‘Wadde’, lawyer of PPM figurehead and former President Maumoon Abdul Gayoom, said the party would provide legal assistance for the two men arrested for toppling the monument last week.

After a group of people set the monument on fire Monday night, the top half of the monument, containing a bust of Pakistan’s founder Mohamed Ali Jinah with an Islamic crescent moon symbol, was stolen last night, police have confirmed.

Waheed meanwhile contended at yesterday’s press conference that the monument was “illegal” and erected in violation of the constitution.

“No one should give any room to consider any kind of act against Islam lawful,” he said. “Even if it’s the People’s Majlis or any other state institution, no law that conflicts the religion of Islam can be made in the Maldives.”

The arrest of those who toppled and vandalized the monument was therefore “questionable,” Waheed continued, insisting that the arrests were “unlawful” as they were opposing “something the government did in violation of the constitution.”

Speaking at the press conference, MP Dr Afrashim Ali argued that damaging a monument erected in violation of the constitution and law could not be an illegal act.

Afrashim also contended that the ostensibly pagan symbols on the monument amounted to denial of the oneness of God, the central belief of monotheism.

“The most clear and important sign of a people’s shirk [denial of God] is erecting idols,” he explained, adding that displaying “idols” in the Maldives was “most definitely haram [forbidden].”

Afrashim claimed that the monument was “proof that President [Mohamed] Nasheed encourages the spread of other religions [in the Maldives].”

“We have always been saying he has been trying to introduce other religions in the country,” he said. “He has tried to freely sell alcohol in the country. He has also appealed to MPs to not include Islamic punishments in the law.

Meanwhile the religious conservative Adhaalath Party sent a letter to the Prosecutor General yesterday requesting the office to look into the matter and prosecute those responsible for erecting the monument.

The party claimed that the monument was erected by the government under a “plan to defile the beloved citizens of Addu and the beloved citizens of Pakistan.”

In a press statement on Sunday, Adhaalath Party called on the authorities to “immediately release” those arrested for toppling the monument.

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Three arrested over assault of MP Amir

Three suspects have been arrested for allegedly assaulting Independent MP Ahmed Amir last week and handing him to police semi-naked after accusing him of an extra-marital affair.

Amir was severely beaten in the early hours of Thursday morning in a house in Maafanu ward by a group claiming they found him with with a married woman. The MP is currently undergoing treatment in Sri Lanka.

Newspaper Haveeru reported that the suspects were two women and a man from the house where Amir was assaulted. According to the local daily, one of the women was the one the MP was having the alleged extra-marital affair with.

Police confirmed that the three were arrested under a court warrant and had their detention extended by the Criminal Court.

The MP for Kudahuvadhoo told police that he was on his motorcycle near Indira Gandhi Memorial Hospital when a group grabbed him, took him inside a room and assaulted him.

The attackers reportedly ripped Amir’s trousers and stole his wallet and two mobile phones before turning him in to police around 5am Thursday morning. Police borrowed a jeans from the house to clothe the MP before taking him to the station for questioning.

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MP beaten and handed to police semi-naked after alleged extra-marital affair

Independent MP Ahmed Amir was assaulted by a group of people around 3:00am in the morning last Thursday, following allegations that the MP for Kudahuvadhoo was caught with a married woman in a residence in the Maafanu ward of Male’.

The MP was reportedly severely beaten and handed over to police semi-naked before dawn on Thursday, and has now flown to Sri Lanka for treatment.

Police Spokesperson Sub-Inspector Ahmed Shiyam told Minivan News that MP Amir insisted that the allegations against him were completely false.

“The [attackers] called police at the time, so officers went there and brought MP Amir in for questioning,” Shiyam explained. “Both parties have reported the same case differently, MP Amir said he was stopped and attacked while he was passing by, while the group claims that he slept with the wife of another man.”

Amir had bruises on his face and suffered other injuries, he added, stating that police were investigating the case.

A ruling party MP told Minivan News today on condition of anonymity that the incident occurred when MP Amir was caught with the woman by her family.

“Then they attacked him and this really happened, according to what I know,” he said.

MP Amir was meanwhile was unavailable for comment as both his mobile numbers were temporarily disconnected.

Amir however told local media that he was grabbed by a group of men while passing by a road near Indira Gandi Memorial Hsopital (IGMH), taken inside a room, stripped and beaten up.

Amir claimed the attackers robbed him of his mobile phone and wallet before turning him in to police.

Secretary General of Parliament Ahmed Mohamed told Minivan News that Amir was not arrested and police therefore did not inform the secretariat about the incident.

According to parliamentary rules of procedure, police have to inform the parliament if they intended to arrest an MP and escort him to parliament sittings before a court decided on his or her case.

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Prosecutor General’s Office spent Rf145,596 in violation of Public Finance Act, finds audit report

The audit report of the Prosecutor General’s Office (PGO) for the financial year 2010 has found that the office spent a total of Rf145,596 (US$9,706) in violation of the Public Finance Act.

In the report made public yesterday, Auditor General Ibrahim Niyaz revealed that the PGO spent Rf 40,745 (US$2640) in additional expenses for interior design after moving to its new offices without an agreement on price and quality of the work as required by section 8.21 of the public finance regulations.

In addition, the PGO spent Rf 58,913 (US$3800) out of its 2010 budget to settle outstanding bills from 2009 without requesting the funds from the Finance Ministry in the duration stipulated in the Public Finance Act.

Moreover, the PGO spent Rf45,938 (US$3000) on an official dinner to participants of an e-crime conference participants in June 2010 without a publicly-announced bidding process.

In an issue highlighted in previous audit reports of state institutions for 2010, the Auditor General noted that financial statements were not prepared in accordance with international public sector accounting standards (IPSAS) following principles of “accrual accounting” or the “financial reporting under cash basis of accounting” issued by the IPSAS board.

The PGO however informed auditors that it would discuss the issue with the Finance Ministry to prepare financial statements in accordance with international standards in the future.

Attorney General’s Office

Meanwhile the audit report of the Attorney General’s Office (AGO) published along with the PGO audit report, the Auditor General noted that staff were paid overtime salary for the time spent waiting in a queue to sign out at the fingerprint system at the end of working hours.

The audit report also found that the Attorney General’s Office had not settled bills for services obtained from different parties within the duration stipulated in the public fiance regulations.

The AG Office was meanwhile owed a total of Rf 71,637 (US$4640) from different parties dating from 2009 but had not taken adequate efforts to recover the money, the audit found, adding that the cases had not been filed at court two years on.

A comparatively high amount of money had meanwhile been spent since 2002 for a software installed to maintain records of employees and case files, the audit found, noting that Rf1.5 million (US$100,000) had been spent as of last year to the company that created the software for maintenance fees, upgrades and other expenses.

The AGO informed auditors that the software initially purchased for Rf376,200 (US$24,000) would not be used from next year onward.

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Comment: ‘All religions guide to the path of God’

Like all Maldivians, I have always known that former president Maumoon Abdul Gayoom articulated an Islam that he calls a ‘meduminuge’ (moderate) religion, or in Quranic terminology a religion of wasatiyyah. But until recently, when I immersed myself in Gayoom’s speeches and books for my Master’s thesis, I could not have fully articulated this Islam. I have only space to use material from three important speeches. (All quotes of Gayoom are from their original English versions.)

Progressive face or phase

The best place to start is Gayoom’s paper in 1985 on the ‘Flexibility of Islamic Shari’ah’ presented at a seminar in Kuala Lumpur. In this paper, Gayoom laid out his broad outlook on Islam:

Gayoom’s understanding of Islam is fundamentally ‘progressive’. He argued, ‘the message of Islam was never meant to be limited to the confines of a backward nomadic community of fourteen centuries ago’.

For him, the use of ijtihad (independent reasoning) should be wide-ranging: ‘there might be many problems, albeit already covered in traditional works on Islamic law, which need reconsideration in light of the changing circumstances’. This means, according to Gayoom, ijma (juristic consensus) can be overturned.

Gayoom maintained that ‘[t]he so-called closing of the door of ijtihād [is] quite alien to [Islam’s] encouragement of scientific and intellectual research and the attaining of knowledge in all fields’.

Thus, he concludes reflecting on the importance of ‘reason’ to Islam by saying: ‘Islam does not exclude a reasoned and diligent attitude to change; it does not instruct us to impede the flowing stream that is essential to human nature and its development.’

If this is Gayoom’s jurisprudential outlook, his substantive views are equally ‘progressive’ or even more radical than many of us might have thought.

Universal message of equality, love and tolerance

Thus, in an address in 1983 at Aligarh University of India, Gayoom laid out a radical message of tolerance, mutual love, and equality among people of all faiths.

On tolerance and love, he says:

The tolerance and magnanimity shown by the great Prophet of Islam, Muhammad (Peace Be Upon Him), the Second Guided Khalīfā, Umar ibn al-Khattāb, Salahuddin al-Ayyūbī and other renowned Muslim rulers of all times towards not only non-Muslims but also towards those who had waged war against the Muslim state will bear witness to the spirit of love and human brotherhood inherent in the teachings of Islam.

On equality, Gayoom argues there is no distinction whatsoever to be made with regard to the equality of rights between Muslims and non-Muslims:

The Holy Quran clearly establishes the right of every individual to follow whatever religion or creed of his choice when it says: ‘There is no compulsion in religion; surely right has become distinct from wrong.’ Islam safeguards the rights of non-Muslims…to no less a degree than it safeguards the right of its own followers.

For Gayoom, the tolerance and equality of all people is premised on the equal normative status of all religions:

No religion preaches hatred, jealousy or animosity. Religious intolerance, which inevitably leads to friction and conflict, and more often than not to bloodshed, is therefore an unforgivable departure from the path of God.

The path of God, according to Gayoom, is not a unique possession of one religion. Therefore, even more radically Gayoom points out that:

All religions guide to the path of God – the path of love, understanding and peace.

Subjecting the message to politics

Now, of course, this deeply anti-authoritarian, even radical, ideology contradicts the authoritarian political policies of president Gayoom. I am here referring to his discourse of nationhood. His nationhood discourse, which is now our taken for granted background national self-understanding, is based on the mythical and authoritarian motif of ‘100% Muslim nation’.

In another speech in 1983 at the ‘Seminar on the Call for Islam in South and South East Asia’, held in Male, president Gayoom again acknowledged that Islam provided for complete equality of rights for all humans. Nonetheless, he implied that the ‘unique’ national self-understanding overrides even the commandments of Qur’an:

The real essence of Islam, as you know, is that it is non-discriminatory. Its tolerance of other beliefs and religions is clearly established in the Holy Quran, the Sunnah of the Prophet (Peace be upon him!)…We Maldivians, as true believers of Islam, hold freedom of belief as sacred and we abhor discrimination between man and man on any grounds whether of creed, colour or race.

In spite of this, he continues, because:

[w]e are such a homogenous and closely-knit society based on one national identity, one language, and one faith…we are convinced that the preservation of this oneness in faith and culture is essential for the unity, harmony, and progress of the country.

It is this homogenising political discourse that underpins the dominant national self-understanding. But this discourse is not an Islamic discourse. In fact, as we saw above, it is at odds with Islam’s universal messages outlined by Gayoom.

A degree of godliness

Whether or not we will seriously uphold Islam’s anti-authoritarian universal messages as Gayoom so clearly laid out and whether or not we will rethink the authoritarian national self-understanding, are some of the most crucial questions we must address individually and as a society.

This task of serious self-reflection has become even more urgent under an increasingly interdependent and pluralistic world. This task has become socially necessary with the pluralisation and fragmentation of religious discourses, and with the increasing diversity in the society, not least because of migrant people of different faiths.

The task at hand is a transformation of ourselves as subjects and citizens: this task ultimately is one of inculcating a degree of godliness – mercy, compassion and love – in all of us.

This is indeed a more transcendent endeavour than the selfish, materialist politics that has always spread fear about a non-existent Other conspiring to destroy Islam. We all really deserve a better politics.

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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“India will be at your side”: Dr Manmohan Singh addresses parliament

Indian Prime Minister Dr Manmohan Singh pledged support at parliament yesterday for the Maldives’ democratic transition through financial assistance and bilateral initiatives for development, becoming the first foreign head of state or government to address the legislative body in its 78-year history.

The Indian Prime Minister was greeted with a ceremonial welcome in Male’ for his first official state visit after the conclusion of the 17th SAARC summit in Addu City on Friday.

“India will be at your side in your transition to a fully functioning democracy,” Singh declared at the special sitting of the People’s Majlis. “We will assist the Majlis by way of training, formulation of rules and regulations and any other assistance that you may desire.”

The Speaker of the Lob Shaba, the lower house of the Indian parliament, is due to visit the Maldives, Singh noted, while the formation of India-Maldives parliamentary friendship groups “augur well for the development of relations between our two parliaments.”

Prior to his historic address before parliament, the Indian Prime Minister signed five agreements under a ‘Framework for Cooperation in Development’ with President Mohamed Nasheed after official bilateral talks at the President’s Office.

“This is a blueprint for cooperation in areas such as trade and investment, food security, fisheries development, tourism, transportation, information technology, new and renewable energy, communications and enhancing connectivity by air and sea,” Singh said in his address.

In addition to a US$40 million line of credit to construct housing units, India extended a credit facility of US$100 million to help the Maldives “meet its short-term budgetary needs” and import essential commodities.

India extended similar financial assistance in December 2008 to plug the fiscal deficit and in the following year subscribed to US$100 million in treasury bonds. The new loan is to be used to settle Rf4.76 billion in T-bill sales sold through the Maldives Monetary Authority (MMA) by April 30, 2012.

US$30 million of the credit facility was issued on October 31 by the Indian government.

As part of the aid programme, said Singh, India will undertake “a major renovation” to be completed by 2013 of the India Gandhi Memorial Hospital (IGMH) in Male’, the main referral hospital in the Maldives.

The Prime Minister noted that Indian companies were engaged in infrastructure projects in the Maldives and wished to “forge closer economic links through banking and financial institutions” and “cooperate in the modernisation of your fishing and food processing industry.”

Among the agreements signed yesterday was the inception of a regular passenger cum cargo ferry service between Cochin and Male’ and the development of a regional port in Kulhudhufushi, the main population hub of the north.

Interlinked security interests

On global warming and climate change, Singh said India understood the threat Maldives faced from rising sea levels and shared its concerns.

“I wish to state in no uncertain terms that India will stand as one with Maldives in combating global warming. Maldives’ views must be heard with respect in global councils,” he said.

“We will help Maldives to achieve its aim of becoming carbon neutral. We will help build your capacities through sharing of energy efficiency technologies and provide scholarships for students from Maldives in areas such as coastal zone adaptation and management.”

On the “extended neighbourhood” of the Indian Ocean and shared security concerns, Singh noted that “over 97 percent of India’s international trade by volume and 75 percent by value passes through the Indian Ocean.”

“The challenges we face are well known – extremism and religious fundamentalism, piracy, smuggling and drug trafficking to name a few. Maldives is additionally concerned about poaching in the coral reefs and illegal commercial fishing by foreign trawlers. We have together experienced the devastation caused by the tsunami in 2004,” Singh observed.

As part of a “multi-pronged approach” to dealing with the problems, India has pledged to support the construction of a police academy in the Maldives while agreements were signed for cooperation in combating terrorism, drug trafficking, disaster management, coastal security, and transfer of sentenced prisoners.

The Indian Prime Minister also congratulated President Nasheed and his administration for “the outstanding manner in which the [SAARC] Summit was organised,” a conference that has helped “further consolidate the process of regional integration in South Asia.”

Singh praised the “impressive strides in nation-building” the Maldives has made since independence in 1965, with the highest socio-economic indicators and progress on Millennium Development Goals in the South Asia region.

“You have chosen the path of democracy, freedom and respect for human rights. You have shown how even a small nation can stand up and be counted in the affairs of the world,” he said.

“I am confident that the people of Maldives will continue to consolidate their achievements. As an abiding friend, India will always stand by you in these efforts. Our relations are time-tested and I wish to reaffirm that they shall remain so in the future.”

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India extends US$100 million standby credit facility to Maldives

India today extended a US$100 million standby credit facility to the Maldives in support of economic stability. India has agreed to assist developing the country’s banking and financial infrastructure and capacity building.

“Bilateral cooperation between India and Maldives has been on a high growth trajectory in recent times,” said India’s Prime Minister Manmohan Singh. “We are working together on increasing connectivity and closer economic cooperation. These efforts are bearing fruit.”

In a signing ceremony at the President’s Office this morning, the two governments signed five agreements including a Memorandum of Understanding for international terrorism, drug trafficking, disaster management and coastal security; a program of cooperation between 2012 and 2015; and India’s commitment to renovate Indira Gandhi Memorial Hospital (IGMH).

A Framework Agreement on Cooperation for Development outlined a joint effort to support the growth of trade and investment, food security, fisheries development, tourism, transportation, information technology, renewable energy, communications and connectivity.

“These agreements have a number of advantages to both countries,” said President Mohamed Nasheed. “India’s contributions in these agreements goes a long way to the Maldives’ development.”

The heads of state announced their shared interest in opening passenger and cargo ferry services between Cochin and Male as soon as possible. The President said India would examining the project, and he hoped that it would support the development of North Kulhudhuffushi port.

Prime Minister Singh congratulated the Maldives on “an extremely successful SAARC Summit,” and expressed confidence in President Nasheed’s new role as SAARC chairman. “The pace of our activities will gather even greater momentum,” he said.

The President thanked the Prime Minister for his “moral and other support in holding and concluding the summit with such success.”

Following the ceremony, Prime Minister Singh delivered the first parliamentary address by a foreign head of state in the Maldives.

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Indian Ocean ferry service and renewable energy investment among key SAARC agreements

The 17th SAARC Summit concluded today with the signing of the ‘Addu Declaration’, containing a number of key agreements affecting the region.

One of the most significant for the Maldives was a commitment to ensure that final preparations for an Indian Ocean passenger and cargo ferry service were completed by the end of December.

In a press conference following the closing ceremony, SAARC Chairman President Mohamed Nasheed pointed out that this development would allow someone to cheaply travel from Kulhudhuffushi in the country’s north to Colombo or Kochi in as much time as it would take them to reach Male’.

Other agreements included the strengthing of the SAARC Secretariat, the establishment of a South Asian Postal Union, and intensification of efforts to reduce non-tariff barriers to trade and reduce the sensitive list.

During the Summit, India had announced its intention to reduce its sensitive list for Least Development Countries (LDCs) from 480 tariff lines to 25, with zero customs duty for those items removed.

An unexpected commitment was an agreement in principle that SAARC countries would spend an “appropriate proportion” of their national income on renewable energy technologies.

The percentage would be determined by energy authorities and finance ministers in each country, but Nasheed said that if investment reached even one percent it would create the world’s largest market for renewable energy technology overnight.

No agreement was reached regarding the possibility of installing a human rights mechanism in SAARC, however Nasheed said the matter had come up as dear to several SAARC leaders, who had spent time in jail and faced torture over their politics.

“I don’t think they will stop talking about human rights,” he said.

The Heads of State also agreed further measures to combat maritime piracy in the region.

“When the next season of pirates drift into the Maldives, we must be able to deal with them,” he said.

“It is not a matter of stopping them, but what we do with them after we capture them,” he said, noting that the Maldives currently had 37 in custody.

“They have no ammunition on board by the time they reach the Maldives, and no passport or identification papers, so we can only treat such a person as a refugee adrift.”

Observer statements

During the closing ceremony observers from eight countries made statements in support of SAARC, reaffirming various commitments in the region.

The Australian representative observed that Australia was united with South Asia not just through sharing the Indian Ocean, but through a shared love and appreciation of cricket – 80 percent of the market for which was based in South Asia.

Australia pledged an additional AUD$20 million over two years, extending its support for infrastructure development to AUD$40 million over six years, and announced 297 scholarships to South Asian countries in 2012.

China meanwhile announced an additional donation of US$300,000 to the SAARC Development Fund.

The European Union welcomed steps taken at SAARC to move beyond trade to also cover political issues, such as counter terrorism.

The former “complexity” of SAARC had compelled the EU in one instance to decommit funds allocated for developing standards, the representative noted, but highlighted a €6.5 million commitment in civil aviation cooperation.

Iran noted its shared linguistic heritage with South Asian countries and raised the possibility of tourism cooperation.

Japan meanwhile thanked the Maldives for its contribution of 69,000 tins of tuna following the earthquake in March, and pledged broad support around the region. Particular emphasis, the representative said, included stability in Afghanistan, democracy in Pakistan, peace and security in Nepal, disaster preparedness in Bangladesh, and democracy consolidation in Bhutan and the Maldives.

The representative from the Republic of Korea noted that it was only in the last 50 years that Korea had transformed itself from a recipient of donor aid to an OECD country, and announced that the country intended to triple its overseas development commitment by 2015.

The representative from Myanmar/Burma announced his country’s desire to promote trade with SAARC countries, given its proximity.

The country was in the process of transitioning from a military government to a democracy, he claimed, appealing for the “understanding and support of the international community.”

The United States representative reiterated Secretary of State Hillary Clinton’s ambition to help establish “a new silk road” in South Asia, which would in turn address insecurity and extremism plaguing the region.

The US was very encouraged by the bilateral talks and trade agreements negotiated between India and Pakistan during the SAARC Summit.

At the same time, the US urged the need for greater transparency and accountability of government “in the pursuit of better government.”

Parallel ‘People’s SAARC’

The parallel ‘People’s SAARC’, a collective of South Asian civil society organisations, meanwhile observed that the Summit was taking place “at a time when South Asian states are beginning to look inwards to realize the region’s immense political, economic, and diplomatic potential.”

“While the agenda of economic and social development might have moved up as a priority item for the SAARC countries, South Asian states continue to veer towards their aspirations for superior military might, prompting them to divert resources from developmental goals.”

The parallel SAARC urged leaders to close the income gap by dropping “wasteful” expenditure of further militarisation, institute a regional human rights mechanism protecting the rights of migrant workers, and create and independent climate commission.

“We would also like to see the establishment of a regional monitoring body with a mandate to assess the compliance of the member states in installing, safeguarding and institutionalising democratic governance.”

“SAARC should encourage member states to adopt competent and credible constitutional, legal and administrative framework to end all forms of discrimination, displacement, deprivation and the deeply rooted culture of impunity to secure a better future for the billions on inhabitants of the region,” the statement read.

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