Maldives speaks in favour of Palestinian statehood at UN Human Rights Council, General Assembly

Maldives Ambassador to the UN Human Rights Council in Geneva, Iruthisham Adam, has urged all states to support Palestine’s right to self-determination and self-government.

Speaking during a Council debate on human rights in Palestine, Adam said the Palestinian bid should be viewed in light of the US’s own declaration of independence, citing its drafter Thomas Jefferson.

“We surely cannot deny to any nation that right where on our own is founded – that every one may govern itself according to whatever form it pleases and change those forms at its own will,” Adam said.

“These words are as relevant today, as we survey Palestine’s brave push for independence and statehood at the United Nations, as they were in the 18th Century,” she told the Council.

“The Maldives and hundreds of other countries support the right of the Palestinian people to self-determination. We do not do so because we are against Israel – the Maldives is and always will be a strong supporter of a two-State solution. We do so, rather, because it is right and it is just.

“If we value and enjoy our right to self-determination in the Maldives and elsewhere, if we applaud its assertion across the Islamic world, then why should we deny it to the people of Palestine? People who have been waiting for dignity, freedom and independence for 6o long years?”

Palestinian statehood would not diminish the chances of a negotiated peace, Adam argued, but would rather enhance them by resolving the unequal power relationship between the two countries.

“In our opinion,undermined the negotiation process – a relationship between the occupied and the occupier. How can a fair and lasting peace be forged under such conditions? The short answer is: it cannot. Far better then for negotiations to take place between two States sitting down together as equals,” she said.

Vice President Dr Mohamed Waheed Hassan meanwhile told the UN General Assembly that “demands for human rights and democratic values are universal” and “the time for Palestine to join the international family of nations is long overdue.”

Dr Waheed said the Maldives was committed to protecting human rights, both domestically and internationally, and noted that with the Maldives signing the Rome Statute of the International Criminal Court the country”joins a growing alliance of states which stand firmly against those who believe they can violate human rights with impunity.”

The UN Security Council is currently considering the proposal put forward by Palestinian President Mahmoud Abbas. Key issues include Israeli settlements, the status of Jerusalem, and securing rights of return for Palestinian refugees.

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Vice President meets Sri Lankan President Rajapaksa during UN General Assembly

Vice President Dr Mohammed Waheed Hassan has paid a courtesy call on Sri Lankan President Mahinda Rajapaksa at the 66th session of the UN General Assembly in New York.

The Vice President’s Office later refuted reports that Dr Waheed discussed the Sri Lankan human rights situation with Rajapaksa during the meeting, following media reports quoting Sri Lankan officials to the contrary.

Haveeru on Tuesday quoted a senior Sri Lankan official as saying that during a meeting between Rajapaksa and the Vice President, Dr Waheed “assured that he will be supporting Sri Lanka’s stance on the human rights issue.”

The Vice President’s office later claimed the meeting was a courtesy call during which Dr Waheed said it was refreshing to  hear the Sri Lankan President talk about trade unions and north-south cooperation in his speech [to the UN], and that there was “no mention of the human rights situation in Sri Lanka.”

Sri Lanka is currently conducting an internal investigation of these allegations, which refer to acts of violence committed by both government and rebel forces in the final phases of Sri Lanka’s civil war.

Numerous human rights groups, including Amnesty International (AI) and Human Rights Watch (HRW), have rejected Sri Lanka’s investigation on the grounds that its Lessons Learnt and Reconciliation Commission (LLRC) does not meet international standards.

The British Broadcasting Corporation (BBC) has reported that human rights groups found the commission flawed because “its members were appointed by the government, it has no real mandate to investigate war crimes in the last stages of the conflict, lacks any mechanism to protect witnesses and falls short of minimum international standards of a commission of inquiry.”

The Sri Lankan government has denied committing any offenses. The Maldivian government said it supports Sri Lanka’s wish to solve internal issues without external involvement.

Today, the Maldives President’s Press Secretary Mohamed Zuhair issued a statement expressing support for the Tamil people.

“The President of the Maldives would like to express his good wishes to all Tamil people. The Tamil people have always been like brothers to Maldivians. The President would like to see peace and harmony in our region and has expressed his desire for all people to live peacefully together.”

Human Rights Watch recently applauded the Maldives as one of the seven most important countries on the UN Human Rights Council. It expressed puzzled concern, however, over the Maldives’ “regrettable” support of Sri Lanka at this time.

“The Maldives should revisit its approach on Sri Lanka in order to bring it in line with its otherwise principled approach to human rights at the Council,” said the report.

Minister of Foreign Affairs Ahmed Naseem said he did not wish to comment on the issue.

Meanwhile, UN secretary general Ban Ki-Moon has appointed a panel to advise him on accountability issues in Sri Lanka, reports the BBC. The Sri Lankan government rejected the panel, however, and said it would not issue visas to UN panel members visiting Sri Lanka.

The UN Office for the High Commissioner of Human Rights (OHCHR) today said they are urging Sri Lanka “to ensure there is a genuine accountability process to address the serious violations believed to have been committed during the last months of the  war in Sri Lanka.”  The OHCHR is waiting to see how member states take action on the issue, “but, of course, the United Nations hopes Maldives – like other UN members – will encourage Sri Lanka to address this important issue.”

Late last week, President Mohamed Nasheed met with Sri Lankan Prime Minister Disanayaka Mudiyanselage Jayaratne regarding the upcoming South Asian Association for Regional Cooperation (SAARC) summit, due to be held in Addu City in November. The heads of state also discussed ways to strengthen ties between the two countries.

The SAARC summit could afford the Maldives an opportunity to promote human rights in south asia, a region that is reportedly slower than others to adopt international human rights standards.

The Maldives recently became the 118th member of the International Criminal Court (ICC), a close partner of the UN.

“As a chair of the SAARC summit, Maldives will have quite an influence on South Asian countries attending this year’s event,” she said previously. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC), called the Maldives’ accession to the Rome Statute a significant step for human rights in south asia.

She noted that Sri Lanka is “a long way” from membership at the ICC.

ICC membership requires the Maldives to uphold ICC standards and rulings. “The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate with the Court by arresting  the criminals.”

Sri Lanka’s findings are due for release on November 15.

Clarification: This story has been updated to reflect a clarification from the Vice President’s Office that human rights were not discussed at the meeting with Sri Lankan President Mahinda Rajapaksa.

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Adhaalath party votes to sever coalition agreement with MDP

The religious conservative Adhaalath Party decided last night to break off its coalition agreement with the ruling Maldivian Democratic Party (MDP), after the party’s consultation council voted 32 to 2 to approve a resolution to leave the government.

Adhaalath becomes the last major party of the ‘Watan Edey’ coalition – formed to rally against former President Maumoon Abdul Gayoom in the second round run-off of the 2008 presidential election – to leave the MDP-led coalition.

The resolution on terminating the coalition agreement signed with the ruling party on June 30, 2009 states that the government ignored Adhaalath’s “sincere advice and suggestion” while the party was forced to stage street protests “to put a stop to serious matters related to the country’s religion and sovereignty.”

Among the 28 main points noted in the resolution included rising inflation under the current administration, refusal to reimburse deducted amounts from civil servants salaries, failure to alleviate the persisting dollar shortage, appointing unqualified “activists” to manage government corporations and insufficient measures against corruption in the government.

The Adhaalath party claimed that the government was “making secret deals with Israel in the name of the people and pursuing relations with Israel to an extent that threatens the nation’s independence and sovereignty.”

Moreover, the Adhaalath party accused the government of agreeing to “let Israel influence the country’s education curriculum.”

Among government decisions strongly contested by the party, the resolution also referred to a proposal to make Dhivehi and Islam optional subjects in higher secondary education and reclaiming a plot awarded to the Islamic College (Kulliya).

The final eight points meanwhile include the use of force against protesting parents of Arabiyya students, senior government diplomats expressing concern with Maldivian students going to Arabic or Islamic countries for studies, publishing regulations allowing sale of alcohol to non-Muslims in inhabited islands, insufficient cooperation with the Islamic Ministry’s efforts to close down brothels.

In addition, the party contended that the “essence” of the newly-published religious unity regulations was lost after it was diluted by the government, which held it up for 16 months.

Islamic Minister Dr Abdul Majeed Abdul Bari and State Minister for Islamic Affairs Sheikh Hussein Rasheed were reportedly not present when the resolution was passed last night. Neither had responded to calls at time of press.

Party President Sheikh Imran Abdulla said “senior government officials in Adhaalath” would be informed that they could no longer represent the party in the government.

At yesterday’s press conference, party spokesperson Sheikh Mohamed Shaheem Ali Saeed said the party had no plans to enter into a formal coalition with an opposition party and aspired to become “the most independent political party in the country.”

Sheikh Imran added that the party has not decided whether to field a presidential candidate in 2013.

He explained that the party will decide to either contest the presidency on its own or join a coalition based on the political circumstances in two years.

“That decision will be made by the consultation council when the time comes,” he said. “Nonetheless, as Sheikh Shaheem just said, we will do everything we can to ensure that a government that will work for the benefit of the public and for a brighter future for the people is elected in 2013.”

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Fokaidhoo islanders ‘hijack’ island council office

Islanders of Shaviyani Atoll Foakaidhoo have “hijacked” the island council since yesterday afternoon, a council member has told Minivan News.

Abdulla Nahid, one of the four Dhivehi Rayyithunge Party (DRP) council members on the island told Minivan News that a group of middle-aged women and men entered the Council Office yesterday afternoon and refused to leave the office saying that they had hijacked the Council Office.

“They came here while we were having a council meeting regarding the issue of handing the power house of the island to the utilities company,’’ Nahid said. ‘’This is the real issue, there was a dispute between the Maldivian Democratic Party (MDP) supporters and DRP supporters on the island about handing over the power house.”

He said that while the DRP supporters opposed the utilities company, MDP supporters demanded the council hand over the power house.

‘’We called for a vote to see what the majority of the islanders want, but MDP supporters boycotted the vote and more than 90 percent opposed the idea of having the utilities company run the power house,’’ Nahid explained. “The MDP supporters sent us letter and petitions so we went for a second vote, but DRP supporters boycotted that vote and more than 90 percent of the islanders present that time voted in favor of handing over the power house.”

He said yesterday the council was about to discuss the matter during the meeting but MDP supporters arrived and told the councilors that they would not leave the office unless the council gave them a final answer.

“We told them that we have to hold a council meeting to make a decision according to the law, but they did not allow us to have a meeting and are sitting inside the council office now as well, they were there all night,’’ he said.

Nahid said that they were not obstructing the work of the council members or being violent, but just sitting down inside the council office saying that they had hijacked the office.

“They threw paper rockets at us, and sometimes make noises using a loudspeaker, but most of the time they remain quiet,’’ he said. ‘’Because they did not leave the office last night, two council members stayed up in the office and this morning did not come for work, so today we were not able to hold a meeting and the matter is being delayed.’’

He said he personally supported the MDP supporters’ idea, and had told other council members to support the idea and put the politics aside.

‘’But according to the law, I need one more council member to support my idea before we can go for a vote – if the vote is equal the Chair of the council can vote but there has been no other member to support this,’’ he said.

Nahid added that the council members did not want to use the police to move the protesters out of the council office.

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ACC asked to investigate Supreme Court Justice’s official trip to Addu City

The Anti-Corruption Commission (ACC) has been asked to investigate an official trip to Addu City by Supreme Court Justice Abdulla Saeed from August 30 to September 2, which took place during a four-day government holiday for Eid al-Fitr.

In a letter to the ACC last Thursday, lawyer Abdul Hameed Abdul Kareem questioned if the purpose of the visit – discussions with magistrates regarding administrative difficulties – could have been fulfilled while the courts were closed for Eid.

“I have learned that after traveling in the name of an official trip, [Justice Abdulla Saeed] spent most of this time on his Eid holiday,” reads the letter, requesting the ACC to investigate if expenses for the trip were covered by the court’s budget.

In addition, Abdul Hameed requested the commission to determine “how much time he spent at the courts” and if the Supreme Court Justice spent state funds for personal use.

A media spokesperson from the ACC told Minivan News today that the commission had received the complaint and would decide whether to conduct an investigation in due course. The complainant would be informed of the decision, the ACC official explained.

According to the Supreme Court website, “the main purpose of [Justice Abdulla Saeed’s] trip was to find out administrative difficulties faced by Addu City magistrate courts as well as to collect information needed for streamlining the judiciary.”

It adds that the former Chief Justice visited the magistrate courts during his four-day visit.

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Employment tribunal orders GMR to reinstate 18 baggage handlers

Eighteen Maldivian GMR employees will be reinstated as permanent baggage handlers at Ibrahim Nasir International Airport and given seven months back pay in a lump sum, the Employment Tribunal has ruled.

The Tribunal found last week that the employees’ temporary contracts, which were terminated in May, had violated rights and benefits conferred upon employees by the Employment Act.

The ruling states the contracts violated company policy, which identified baggage handling as a permanent position but for which workers were only issued temporary contracts.

“The employees were technically working in a permanent position, although they worked under a temporary contract. The Employment Act article 4[a] states that there shall be no differentiation in salaries of employees working in the same level,” said the Tribunal’s ruling.

The Maldives’ Employment Act does not state that temporary contracts themselves are invalid, as was reported by local media. The Act defines a “temporary employee” as someone “working on a day to day basis with no prospect of being made permanent employees.”

The contracts, which were issued by the airport’s former operator Maldives Airports Company Limited (MACL), were found to violate provisions of the Employment Act.

“The contracts had been issued on a three month basis by [Maldives Airports Company Limited] before GMR took them over,” said a Labor Relations Authority officer. “The Labor Relations Authority found that they did not provide for annual leave or for a Ramazan allowance,” he said.

According to the officer, GMR had been asked to update its temporary contracts in accordance with the Employment Act after employees filed a complaint in January. The contracts were updated as requested, and upon their expiration in May the employees were dismissed and a baggage handling company was hired.

Employment Tribunal Registrar Alia Haneef could not say if GMR’s hiring of a baggage handling company was against any regulation. However, “the previous contracts were invalid,” she said. “Section 13 states that employees who have been working under any form of contract for a total of two years or more are entitled to permanent contracts.”

The employees originally asked the tribunal to order GMR to reimburse them the money they would have received as permanent employees, however the report states that the tribunal was unable to rule on cases older than three months.

The tribunal concluded that GMR was to pay the value of seven months’ salaries and allowances within seven days and to consider the terminated employees as permanently contracted employees.

The case was filed at the tribunal on 27 April, although the order to pay back seven months’ worth of salaries and allowances refers to a start date of January 26. The tribunal’s reports claims this adjustment compensates for the first three months of the case on which it is unable to pass ruling, due to time elapsed.

A GMR spokesperson said the company had not been officially informed of the outcome by the Employment Tribunal and was unable to comment on the matter.

Correction: Previously, the article stated that “the Tribunal found that [the contracts] did not provide for annual leave or a Ramazan allowance.”

It should have stated that, “the Labor Relations Authority found that [the contracts] did not provide for annual leave or a Ramazan allowance.”

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Findings in Huraa drowning investigation revealed to families

The Education Ministry has shared the results of its investigation into the drowning accident in Kaafu atoll Huraa with families of the deceased. The accident left four students and a principal of Hiriya School dead earlier this month.

Details of the investigation have not been released to the public.

The Ministry did issue a statement recommending schools amend their budgets to accommodate a program which would establish safety measures, implement precautionary measures at campsites jointly with relevant authorities, and familiarise management officials and employees with these measures by the end of the year, Haveeru reports.

Police are continuing their investigation of the incident. Sub-Inspector Ahmed Shiyam said investigators are taking care to respect families and friends involved.

“The police are doing a very detailed investigation, and we are respecting the victims’ families, students, teachers and classmates. We have to give them time to recover, so we are not forcing them to participate more than they are willing to at this time,” said Shiyam.

Shiyam said evidence from the site of the incident and nearby Huraa island has been gathered and is being processed. He said the investigation will be done as soon as possible.

Minister Shifa Mohamed, School Board Chairperson, Deputy Education Minister Dr Abdulla Nazeer and Dr Abdul Muhsin Mohamed, who chaired the committee tasked to investigate the accident, also met with the families of the deceased, reports Haveeru. Education Minister Abdullah Nazeer assured the families that the recommended measures would be implemented.

The Education Ministry had not responded to inquiries at time of press.

Nashath Saeed of Meenaz/Gaaf Alif atoll Dhehvadhoo, Mariyam Naaz of Suvaasaage/Haa Alif atoll Hoarafushi, Aishath Shaaniha of Handhuvary Villa/Raa atoll Rasmaadhoo and Mariyam Shaiha of Maafannu Moisha and Principal Ali Nazim drowned during a Fisheries Science field trip to the campsite in Huraa.

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Q&A: UN Ambassador Abdul Ghafoor Mohamed

Abdul Ghafoor Mohamed is the Maldives Ambassador to the UN and was defacto non-resident Ambassador to the US, prior to the recent appointment of Ahmed Sareer to the position. He speaks to Minivan News about the Maldives-US relationship, climate politics and the challenges facing the country with the introduction of new interpretations of religion.

JJ Robinson: Why do you think countries such as the US and UK are interested in the Maldives considering it is such a small and remote nation?

Abdul Ghafoor Mohamed: Right now small states make up a substantial part of the international community and they have a loud voice. They not willing to sit back and take what comes, they are making their presence known and making waves, trying to assert their rights as they become more confident.

As they become more experienced in international affairs, they are becoming a much bigger presence than before. Sometimes small states are also able to act in ways larger, more powerful states are unable – other countries are much more wary of positions taken by larger states.

Small states have the opportunity to speak more openly and frankly on issues in an objective manner. I think when our views are consistent, eventually the international community does recognise that here is a country that does its homework and tries to be responsible within the resource constraints it has.

In particular the Maldives has undergone tremendous changes in the last few years; changes that present a symbol of hope for many other countries. The Maldives is a small island Muslim country, with relations with the Commonwealth and a wide range of membership which helps it have access to a large pool of friends, and the views of countries. It is also a founding member of SAARC, and although the Maldives and Bhutan are the smallest SAARC states, both played an important role in shaping its direction, especially this year as we take up the chairmanship.

Here’s a country that has had no political parties in its entire history. It went from an autocratic monarchy to an autocratic presidency. Although we moved from a sultanate, it was in some ways a change in name rather than a change in psyche, for the people and those in government.

Consequently it was a very difficult change to multiparty democracy, with new novel concepts such as independent institutions, and a President more constrained than the heads of governments we are used to having.

Yet despite the turmoil, I think the Maldives has showed that through dialogue and robust engagement, you can change a government through the ballot box. It is a credit to both the former President and the serving President that they were able to manage the transition so smoothly, given the potential for disruption.

JJ: Do you hold to the view that the Maldives is in some ways two years ahead of the current turmoil in the Middle East, and could perhaps set an example for some of these countries?

AGM: Yes and no. Yes in the sense that there are certain similarities: it was the ordinary people, and not just the poor and uncared for. It was the educated middle class and youth who took the lead in bringing the changes to the Maldives. And they demanded their rights on the streets.

But the Middle East is large and the countries complex, and a lot more people have vested interests in what happens there. We should note the success of the Maldives, in part because of the support and encouragement the international community gave to it. I’m not saying they interfered, but they certainly encouraged a democratic transition. They were engaged with both the government and the opposition, and keen to ensure the unrest did not become too costly, as a country that is dependent so much on tourism – peace and stability are important to the Maldives.

There are certainly things that can be learned from the Maldives’ experience. One of the things is the fast pace at which we moved, which made it very difficult to complete the institutions in time. Most people need time to adjust to the new thinking and new concepts.

In the Maldives we are lucky to have a homogenous religion and race, whereas in many Middle Eastern countries you have tribes and different religious and racial backgrounds. For them to come together to make sure a new political framework protects all the interests of this people may by more challenging than in the Maldives.

JJ: Since the Maldives joined the UN Human Rights Council, have you observed a difference in the way in which the Maldives is regarded and its diplomatic position?

AGM: The Maldives has always been fairly well received. We have good standing as a country run quite stably and with good development. Whatever problems we have had we have kept to ourselves.

The fact that we moved in 30-40 years from one of the least developed 16 countries to being a graduated non-LDC (least developed country) by end of first decade of the 21st century, means not only we but the last government achieved some things quite well.

The new government has taken a much more active position and is willing to be engaged with the international community even on issues of controversy, speaking its mind quite frankly.

This is the first time ever the Maldives is holding a position of this nature in the international arena. We have never been a member of a UN institution. We came in with a lot of good will because of our established record of engagement and a record of openness and transparency. We are one of the few countries which has a standing invitation to special rapporteurs.

We are also one of the few small countries – and a Muslim country – with a permanent presence in Geneva. As there are often misunderstandings about human rights instruments and values by the West and Muslim countries, many saw us, and we certainly promote ourselves, as a country that can provide a bridge for these views, as well as provide a voice for smaller states on the Council.

JJ: A US State Department cable leaked by Wikileaks documents your meeting with the State Department in February 2010. During the meeting, Assistant Secretary of State Robert Blake asks if the Maldives required “quiet US assistance” to take up the Human Rights Council position. Was that offer taken up, and what was the extent of US support for the Maldives in entering the Human Rights Council?

AGM: As a small country we didn’t have resources to run an election campaign in the way larger countries can run. Our record is of making ourselves heard and meeting as many ambassadors as possible, letter writing campaigns, and using our embassies in other parts of the world. Ministers also made contact at any international meetings.

Our campaign went on at a persistent and consistent level that didn’t cost us, because we didn’t have any money. We were obviously happy with the support that anyone extended to us, be it the US, UK or Canada. Most Western countries saw us as a moderate country that could play a constructive role.

While we appreciated the offer of help we were very keen to ensure than nobody viewed the Maldives as being sponsored. It was a conscious decision by the government because we felt we had a constructive role to play. We got 185 votes – the maximum number we could get.

JJ: The Maldives was running against Iran?

AGM: We were not running against Iran at the later stage, as they graciously withdrew and made way for the Maldives to run the race uncontested. We appreciated that, because while we were trying to win we didn’t want anyone to feel we were running against a particular country. We felt we had a strong case in running for the election in 2010, because this was the first time the Maldives had run for a position on a UN body.

There are very few small nations in Geneva who can be in the council. We had a history of positive engagement, and we wanted to use our membership in the council to improve the human rights situation at home as well.

Locally, not everyone agrees with some of the concepts. Either they are misunderstood, or seen as threatening. Our membership on the Human Rights Council also makes it easier for us to lobby the domestic community.

JJ: Later in the leaked document, Special Envoy to facilitate the closing of the Guantanamo Bay detention camp offered the Maldives US$85,000 for the resettlement of a Guantanamo detainee.

AGM: This was at an informal level to see the possibility. With regard to the money offered to the government of the Maldives, this was to help the person settle in the Maldives, and for his upkeep. This was not prize money. Obviously housing a person in the Maldives, giving him a place to stay, trying to find him an employment opportunity – that is a cost, and obviously one the Maldives should not have to pay as we are doing a favour for the US.

JJ: What ultimately happened? Did the Maldives take the US up on that offer?

AGM: The matter became quite a stir in the country, and it later died down. To my knowledge there was been no transfer of prisoners from Guantanamo to the Maldives.

JJ: You also discussed the possibility of the US putting down US$50 million in climate change assistance, which the UK’s Guardian newspaper interpreted as in return for taking a particular position at the Copenhagen climate summit.

AGM: The Maldives was one of the few small countries that supported the Copenhagen Accord, because we felt that accepting Copenhagen was more helpful than not accepting it.

We also felt that if more states came on board, the likelihood that the commitments that were given would become reality much quicker. The government did try to encourage other small states to come on board. It was a catch 22 situation – some small countries wanted to wait and see commitments become reality.

The US felt that unless there were enough people committed to the Copenhagen Accord, it would be difficult to make money available. They have to sell the commitments to their people and Congress as well.

I remember the conversation. I said that if the US were to be more forthcoming with their commitments and put the money in, it may actually encourage small states to come on more quickly, because they would see there was value in taking on the Copenhagen Accord. It wasn’t just the Maldives – I was keen to see commitments available for small states, which would mean other small states would also benefit.

Even before my meeting with the State Department the President had written to many heads of state to try and encourage them to come on board. The Maldives sent its letter of acceptance of the accord immediately after the meeting.

Unfortunately there were allegations, but I can certainly say no money was exchanged for votes.

JJ: Did the US$50 million in climate assistance ever materialise?

AGM: I believe are a number of climate-related projects with which the US is now helping.

JJ: Do you think the Maldives’ international human rights agenda at times conflicts not only with the understanding of human rights here, but also the constitution?

AGM: I wouldn’t say conflicts. But I think there are various interpretations between those who are liberal and conservative in their interpretations. But it would be wrong to say a conflict as such. I think through dialogue and discussion we can find a common ground where human rights are universal.

JJ: This topic came up during your discussion with the US State Department – you mentioned the need for greater access in the Maldives to “Western liberal education” to counter some of the extremist views coming back from places such as Pakistan.

AGM: Again, different people interpreted the comment differently. Some people interpret it as though I was trying to stop Maldivian students from traveling to places like Egypt to study. I was not – the point I was making was that many of the educational opportunities we get are in the Middle East, and sometimes for free – especially in Pakistan, where the madrassas offer free education.

Given the limited resources many parents have, it is very appealing to send children, especially sons, to these places that offer free education – in religion. The Maldives has traditionally been a very religious country. There is a love of religion and a very strong identity held about being Muslim.

When they have an opportunity for free education in Islam, many parents send their children. We have also relied on scholarships from other countries to educate children in higher studies. The more we receive these from Western countries, the more children will come back and have an influence on society. Many leading public figures have been educated abroad.

The US was one of the prime sponsors of Maldivians some time back in the 80s – we had 50 plus students in the American University of Beirut in Lebanon. Some of the best and brightest of that generation were educated in Beirut.

So we are trying to encourage especially the US to grant more scholarships for Maldivian students. It is an expensive place to study, especially for undergraduates. We felt quite keenly the loss of opportunities in Beirut. We looked to revive such opportunities.

JJ: People talk here about views from overseas being brought back to the Maldives. To what extent do you think that the Arab or Saudi interpretations of religion have been brought to the Maldives in this way, and to what extent have they supplanted traditional Maldivian interpretations of Islam?

AGM: This is my own very personal opinion: our earliest scholars studied at Azhar University in Egypt, and they were highly regarded [back in the Maldives]. There is a strong connection between religion taught in Azhar university, and religion practiced in the Maldives.

The one book that taught religion to a generation of Maldivians was a religious book by Mohamed Jameel, the father of the former Foreign Minister Fathulla Jameel. He was known as the teacher of a generation in terms of educating the public in religion.

That was the basis. These days, with the advent of modern communications and transport, we have many people coming from many schools. Even in the Middle East you have many ways of teaching and practicing religion, from the Gulf states to the more conservative Saudi Arabia. When they come back, they bring their own views of Islam, and how they have been taught.

In some ways this is unfortunate in a society that has had a very strong accord with religion. People are coming back with different religious experiences, and when they try to practice it here it sows discord. We have always seen religion as a force that bound the people of Maldives together as one, we are now seeing it as a source of discord. And that is a pity.

We hope that rather than stick to dogmatic views, we will be able to stick to a point of view that brings us together as one. The more you study the more you become aware of the complexities – whereas when you have only the basics, you can accept unquestioningly. Now there are questions being asked – people are more willing to question religious and political leaders.

There is also the internet. But it takes a strong intellect and a very good sense of right and wrong to determine sense from nonsense on the internet.

JJ: With more people talking about this, questions being asked and different interpretations coming forward, does this not conflict with what you said earlier about the Maldives being a homogenous society with one interpretation of religion binding it together?

AGM: I think this is part of progress and development. People are becoming more open to new ways of thinking and alternative view points. I think it is becoming more mature. Even if we were to hold different views on religion, we are learning to disagree without being disagreeable.

JJ: What has been the impact of the Maldives’ graduation from the UN’s definition of a least developed country to a middle income country? Has this affected countries’ willingness to engage with the Maldives as a development partner? Does this risk the Maldives being cut off from support?

AGM: I don’t think we will be cut off. This a point we have with the international community. Although we graduated in 2011, this was not a cause for celebration because it meant we had more challenges. Many of the challenges we faced before we will continue to face as a developing island nation: our small resource base, our transport costs, our dependence on one or two resources, and vulnerability to what happens outside in tourism and fishing – we have little control over the world market.

We have a fairly small economy and we do not have the economies of scale. One of the things the donor countries promised was a smooth transition. The Maldives’ efforts during the LDC conference meant we were able to adopt a resolution on transition, which would continue to provide certain benefits to a country for three years, as well as call on donor countries to continue assisting with the transition.

The worst message the international community could give to other potential countries graduating would be to see us revert to an LDC. There should not be a fear of slipping back. There is a very ambitious document that came out in the LDC conference in Turkey, which pledged to graduate 10-12 countries in the next 10 year period. It is important that these countries welcome rather than fear graduation.

There should be certain benefits we receive after graduating and showing that we are on the right path, and a country worth investing in. Certainly we have challenges, but we also have opportunities, and become exploit to our benefit, and show we are successful, be our partner in development.

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ICC membership expected to reform Maldivian judicial system

The Maldives has become the 118th country to adopt the Rome Statute of the International Criminal Court (ICC), the world’s first and only permanent international court with jurisdiction over crimes against humanity, crimes of aggression, genocide and war crimes.

The Maldives is the third state in South Asia to become an ICC member, following Bangladesh and Afghanistan. It is the ninth in the south asian region alongside Cambodia, Japan, Republic of Korea, Mongolia, the Philippines and Timor-Leste; plans to ratify the statute are advancing in Malaysia and Nepal.

Asia has been slower than other regions in adopting the ICC regulations, allegedly because they maintain the death penalty which is prohibited by the ICC. William R. Pace, Convenor of the Coalition for the International Criminal Court, said the Maldives’ decision to accede to the Rome Statue was a significant step for the region.

“It is vital that the momentum towards increasing respect for the rule of law and accountability for those responsible for the most serious crimes is seized by other states in the Asia-Pacific region, many of whom are close to joining the ICC,” Pace said in a press release. “Joining the Court represents a strong deterrent effect that will contribute toward the prevention of gross human rights violations in the Asia-Pacific region and to the global fight against impunity.”

Acceding to ICC regulations as defined by the Rome Statute has been a long process for the Maldivian government. In 2003, the Maldives took steps to reject its judicial authority.

Wikileaks cables published on 1 September 2011 cite the Maldivian government’s intent to “never turn over a US national to the International Criminal Court (ICC). The Maldivian government would not sign the ICC treaty and would not respect its claim to universal jurisdiction.” Other cables indicate that then president Maumoon Abdul Gayoom was seeking approval for a visit with then US President George W. Bush, allegedly to improve his chances of re-election.

Speaking to Minivan News today, the President’s Press Secretary Mohamed Zuhair said ratification of the ICC statute highlighted the different values of the current administration.

“For us, it’s transparency that is at the top of our priorities. So right now, our highest priority is to improve the judicial system of this country.”

The ICC covers major crimes which are 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.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Zuhair said it was important for Maldivians to have access to an international judicial system. “Individuals who feel they have a complaint, even against a leader, could refer the complaint to the Maldivian judicial system or to the ICC. This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said.

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC) told Minivan News that ratification would support domestic legal reform, and that heads of state would face new levels of accountability.

“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,” she said previously.

The Debate

In October 2010, the debate to join the ICC created sparks in Parliament.

MDP MPs condemned the “unlawful and authoritarian” practices of the previous government. Group Leader “Reeko” Moosa Manik referred to 2009 legislation protecting former presidents who he considered “the worst torturers in the country’s history,” and said the purpose of the international criminal court was to “arrest torturers like Maumoon [Abdul Gayoom], people like Ilyas Ibrahim [brother-in-law of the former president] who stole state property and funds, and Attorney Generals like Hassan Saeed who tried to hide it.”

MPs from opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) said MDP MPs were overlooking the fact that Gayoom had never been reprimanded in a court of law, and accused the current administration of disregarding rules of law. MP Dr Abdulla Mausoom accused the MDP government of formulating policies only to “benefit certain people”, which he argued could be “considered a crime in international courts.”

The question of religion was also inflammatory. DRP MP Dr Afrashim Ali said convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom.” Other MPs pointed out that several Muslim countries had not joined the ICC, and the MPs were concerned that ratification would “shatter Islamic principles” and encourage gay rights.

Shari’a experts in ICC signatories and Muslim countries Afghanistan, Jordan and Malaysia have not found conflict between the Rome Statute and Sharia.

On 14 June this year, Parliament voted almost unanimously to sign the Rome Statute of the ICC.

The Effects

Speaking to Minivan News today, Balais-Serrano pointed out that ratification of the Rome Statute was well-timed.

“As a chair of the SAARC summit, Maldives will have quite an influence on south asian countries attending this year’s event,” she said. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

The South Asian Association for Regional Cooperation (SAARC) summit is scheduled for Addu City in mid-November this year.

Balais-Serrano also pointed out that by ratifying the Rome Statute, governments are committing to adapt current domestic legislation to meet international standards. She said ICC members could receive “training of local judges and prosecutors and other officials responsible for lawmaking and implementation”, and hoped the Maldives would forward with judicial reform.

“The judicial system in Maldives can benefit from the rules and procedures by which the ICC operates, for example, in the nomination and election of judges, in the protection of witnesses and victims and in ensuring due process,” said Balais-Serrano.

She said that ICC membership would expand Maldivian court procedures. “One of the motivations of joining the ICC is to let go of a commitment to include the domestic judicial system alone. Now, Maldivians can also refer to the ICC provisions and regulations. This is a timely event for the Maldives to review domestic law while making the ICC a reference point.”

As an ICC member, the Maldives will be able to send judges and lawyers abroad for internships and exchange programs in member countries. Balais-Serrano said that all member countries are obliged to send employees to the ICC to learn and assist with proceedings.

International liability

ICC membership could affect international relations. The Maldives recently made news headlines by supporting the Sri Lankan government, which is facing war crimes allegations by international human rights groups. A report from UN Secretary General Ban Ki-Moon has raised the likelihood of an investigation by the Human Rights Commission.

A Relationship Agreement between the ICC and the United Nations calls the UN “potentially the most important partner of the ICC on various levels,” and suggests that investigations by the UN are based on the same human rights standards put forth by the ICC.

“The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate to the Court by arresting  the criminals.”

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