Month: July 2012

Sermons question presidential authority on clemency: local media

Imams across the Maldives yesterday used their sermons to question the president’s authority to grant clemency for criminals sentenced to death in the country, local media has reported.

The Sun Online news service reported that yesterday’s Friday prayers were used to raise the issue of death sentences in the country, with imams saying that only the heirs of an alleged victim could decide on pardoning a criminal sentenced to be executed.

According to the report, the sermons also stressed that failure to implement the death penalty over fears of human activists or “powerful countries” was not allowed in Islam.

Speaking to Minivan News earlier this month, Chief Justice Ahmed Faiz said that more than 10 people have been sentenced to death in the past decade, out of which, none have been executed by the authorities tasked with the role.

For the past 60 years, the state has been commuting these death sentences to life imprisonment (25 years).

“The Maldives judicial system is constructed in a manner whereby another body is responsible to enforce the punishment once it is decided by the court,” Faiz explained.
“Not only in murder cases, but if all court verdicts on all crimes are properly enforced,  we will see the [positive] outcomes of these verdicts,” the Supreme court judge noted.

A motion related to death penalty is currently being reviewed in parliament which, if passed, will make the enforcement of the death penalty mandatory in the event it is upheld by the Supreme Court. This development would bring to an end the current practice of the country’s president commuting such sentences to life imprisonment.

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President commits to extending national dialysis services by end of year

President Doctor Mohamed Waheed Hassan has committed to provide dialysis services to two further regions of the Maldives this year after unveiling a new treatment unit at Hulhumale’ Hospital on Thursday (July 12).

Speaking during the unveiling of the Hulhumale’ Dialysis Unit, which forms part of a focus to expand the availability of healthcare services beyond the capital, the president said plans were in place for providing similar services to two unspecified areas of the country with higher populations, according to the President’s Office website.

The new unit to Hulhumale’ hospital was said to have been provided by “private individuals”, underlining what the President’s Office called a “priority given by the government to provide such services without entirely being dependent on the government budget.”

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Death Penalty!?: Dr Hassan Saeed

“We should be clear on why want to carry out the death penalty. Do we want it as deterrence or as a discharge of a divine obligation?” Dr Hassan Saeed, Special Advisor to President Waheed, has asked the question in an opinion piece for Haveeru.

“Last week I talked about the murder of my friend Ahmed Najeeb. Knowing him well as I did I sought to rationalize how we as a society should respond to such a senseless act. I felt it was the least I could do to honour his memory and make some sense of this tragedy.

It is also right that we consider our emotions too. As well as sadness there is anger. That anger can drive us to seek retribution as a form of justice. Seeking an equivalent penalty from the murderer could be seen as a form of fairness and has a long history across religions and cultures throughout the world. It is not just particular to us in the Maldives.

I have seen the use of execution with my own eyes. As a teenager I witnessed two people being hanged in Faisalabaad, Pakistan. I was close to the platform setup for the hanging. The hanging was announced in advance. I went to see the event. And found a space reasonably close to the platform.  It was a vast open field and the whole place was full. I have never seen such a huge crowd.

I saw the two men brought to the place of execution. When the two of were brought in front of the crowd the public cursed. Their hands and legs were tied. Their faces were covered in a sack like cloth piece. When they were hanged I saw them struggling. There was deafening silence. Finally their struggle came to an end. Doctors checked and the bodies were taken away.

The military ruler of Pakistan General Ziyaul Haqq clearly knew what he was doing. He was carrying out Quranic punishment. He believed pubic execution would be the best form of deterrence.

It certainly affected me. Even some 27 years later I still have clear memories of that day. I am sure lot of others who witnessed that event would remember that too.

But I haven’t committed murder because of that experience. It was because I believe it is wrong. It is an offence. One of my neighbours who also witnessed the hanging was arrested shortly afterwards for attempted murder! Apparently the incident did not deter him.

Following the murder of lawyer Najeeb lots of people are calling for the death penalty. Perhaps the loudest argument in favour of it is that it would deter offenders. I will come back to the issue of deterrence, but there are a lot of issues in this debate, which in a short article, one cannot do full justice to.

Some are legal issues that I am aware of from my professional work. The death penalty is very expensive to administer. It is a lucrative area for lawyers as appeals will take years. Do we want a justice system that costs the Maldivian people even more than imprisonment? It can also be arbitrary where the quality of the defence counsel will determine the outcome as much as the actual guilt of the suspect.”

Read More.

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Arson, rubber bullets, batons and pepper spray: MDP protests continue

Violence escalated during ousted Maldivian Democratic Party’s (MDP) protests on Wednesday night in Malé, with the party alleging police used rubber bullets and pepper spray, beat protesters with batons, and used excessive force to disperse the party’s four-day long protests. Police have denied the allegations.

Meanwhile, police barricades and a car belonging to Minister of Human Rights and Gender Dhiyana Saeed, were set on fire in Malé while a police station was torched in Noonu Atoll Holhudhoo Island.

Police have said they believe the arson attacks were connected to MDP’s protests, but the party denies the allegations.

A Sun Online journalist was also hit on the head with a battery thrown by a protester and a Raajje TV cameraman alleged police assaulted him during MDP’s protests. The Maldives Broadcasting Commission (MBC) has raised concern over both incidents.

The MDP has held regular marches calling for early elections, alleging President Mohamed Nasheed was ousted in a coup d’état on February 7.

Protests will not end until new President Dr Mohamed Waheed Hassan’s government is brought to an end, MDP has said, and has called on the public to display a yellow flag in their homes to show their support for the party and have urged islanders to come and join ongoing protests in Malé.

However, police have said they “no longer believe MDP’s protests to be peaceful” and said that the purpose of the protests seem to be “heckling police and obstructing police duty instead of demonstrating for early elections.”

In response, the MDP in a statement said police solicited gang members and government supporters to create unrest on Wednesday night in order to cast the party’s protests as violent.

Protesters remain gathered at the junction of Chaandhanee and Orchid streets at the time of press.

“Excessive Force”

The police used excessive force to disperse protests on Wednesday night, MDP has claimed in a statement. “Police in full riot gear have attacked unarmed protesters with batons and boots and pepper-sprayed protesters at close range. Furthermore, police are extremely verbally abusive towards journalists and protesters. Eye witnesses have said police used rubber bullets to disperse the protests last night resulting in severe injuries,” the party said.

Police allowed government supporters and gang members behind police lines to throw stones at protesters and set fire to police barricades in order to “create violence to disrupt protests,” the MDP alleges.

But police have denied allegations, claiming it was the protesters who threw pavement bricks, water bottles and batteries at the police.

“Five policemen were injured,” police Spokesperson Hassan Haneef said. “I would also like to note protesters had gathered a pile of bricks to throw at the police. They also set barricades on fire.”

When asked if the arson attacks were connected to MDP’s protests, Haneef said “we have suspicions as the MDP is constantly calling on the public to cause injury to the police.”

The police station on Holhudhoo Island was torched at 2:30 am, while Saeed’s car was torched at 4:00 am. All the furniture, three bicycles and motorcycles were damaged beyond repair in the police station while the car’s windshields, trunk and backseat were destroyed in the fire. A pavement brick and empty petrol can were found in the car, police said.

Reporters Attacked

Private television station Raajje TV’s cameraman Ahmed Shanoon suffered injury to his collarbone in a police attack, MDP claims.

MDP spokesperson Imthiyaz Fahmy also said he was “saddened and concerned” by the injury caused to Sun Online reporter Murshid Abdul Hakeem. A battery thrown during the protest hit Hakeem on the head.

Two journalists were briefly detained on Monday evening. Raajje TV journalist Asward Ibrahim Waheed said police rushed at and surrounded him as he attempted to obtain footage of police beating a protester.

Police then grabbed his neck, twisted his arm and threw him to the ground, Waheed said. Raajje TV has said police have targeted and assaulted the station’s journalists.

Further, DhiTV presenter Ahmed Ameeth was mobbed by protesters on Tuesday evening.

No journalists from Minivan News were injured covering the protest, despite a report published in local newspaper Haveeru. However a photographer from Minivan Daily – an unaffiliated publication – was reportedly hit by a police baton.

The Maldives Broadcasting Commission (MBC) in a statement today has appealed to the security forces “to allow broadcast media to operate with independence.”

The Maldivian Journalists Association (MJA) did not comment on the Monday arrests, but released a statement on Tuesday calling on journalists to avoid confrontation with the police by adhering to their code of ethics. However, the MJA did condemn the mobbing of the DhiTV presenter in a statement on Wednesday.

Heckling Police

A police statement said protesters had constantly tried to break through police barricades into areas where protesting is banned and said protesters were extremely verbally abusive towards the police.

“Although protesters claim to be calling for an early election, the protest has changed into one to heckle police and obstruct police duty,” the statement said, adding that police did not have a legal say on the issue of elections.

It also raised concern over the allegations of police brutality and denial of rights to detainees and protesters and called on the public to file complaints with the relevant human rights mechanisms instead of “accusing police of unproven allegations.”

Nine people were arrested on Wednesday, the police said.

MDP claims over 80 people have been arrested during the four day protest and 40 continue to remain in police custody.

U.S. Ambassador Patricia Butenis on Wednesday said she was “alarmed” by recent reports of police violence and said intimidation of protesters and attacks on journalists “threaten Maldivians’ freedom of expression and right to information and only contributes to instability.”

Amnesty International has previously condemned police’s “use of excessive force” in dismantling MDP protests.

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All-Party talks to resume with “high-level” meeting between President, political leaders

The Convenor of the All-Party talks, Ahmed Mujuthaba, has announced that a series of “high level” discussions will be held between President Dr Mohamed Waheed Hassan and the leaders of the largest political parties, to try and relieve growing political tension in the Maldives.

The talks were conceived as one of two internationally-backed mechanisms – alongside the Commission of National Inquiry (CNI) – to resolve the political deadlock in the Maldives following the controversial transfer of power on February 7.

The last round of the UN-mediated talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa in early June, collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

Also demanded during the talks were that the MDP “not keep crows and other animals in public areas”, “not participate in protests in an intoxicated condition“, and “not defame the country both domestically and internationally”.

One MDP representative at the talks, former Tourism Minister Dr Mariyam Zulfa, said other parties involved in the talks “were adamant from the beginning that under no circumstances would there be early elections. There was a lot of rhetoric and mockery against the MDP,” she said.

“The spirit of working together was not there. It manifested in their tone – mocking and sarcastic. They gave no seriousness to the discussion of any point,” she said.

In a statement today, Mujuthaba acknowledged that the 16 hours of talks at Bandos had resulted in “no breakthrough”.

“Having considered the whole process in depth, it became apparent that a fresh approach had to be made,” he said.

“With that in mind, I held a series of constructive meetings, separately, over the past month with the President and leaders of the largest political parties to discuss the prospects of continuing the political party talks.

“They have expressed a strong and shared belief in dialogue as the best way to address the challenges facing our nation. They agree that there are deep-rooted divisions and problems that must be resolved jointly if the Maldives is to continue on its democratic path,” Mujuthaba stated.

“In these meetings I have had detailed discussions on the possibility of facilitating a meeting of the President and leaders of these large political parties. All agree in principle to the need for high-level talks. I hope to secure the commitment of these parties to convene such a meeting at the highest level in the very near future.

“In the end, the most senior political leaders will need to create an atmosphere conducive
to discussions, and come together prepared to work in good faith,” he concluded.

No date has yet been set for the next round of talks. However the Commission of National Inquiry is due to release its findings at the end of August, following a one-month delay.

The MDP have been calling for early elections in 2012, a call backed by the Commonwealth Ministerial Action Group (CMAG) and other international groups. However, President Waheed has insisted that July 2013 is the earliest date elections can be held.

Parties allied with the government, including the Progressive Party of the Maldives (PPM) affiliated with former President Maumoon Abdul Gayoom, have meanwhile promised that former President Nasheed will be arrested before the 2013 elections.

“We will make sure that the Maldivian state does this,” promised PPM Deputy Leader Umar Naseer, late last month.

“We will not let him go; the leader who unlawfully ordered the police and military to kidnap a judge and detain him for 22 days will be brought to justice,” Naseer told local media.

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Maldives’ defence of human rights position before UNHRC to be webcast live

A Maldivian government delegation will stand before the UN Human Rights Committee (UNHRC) at 6:00pm (local time) on Thursday to discuss the current state of national efforts to address human rights and equality issues.

The committee hearing comes as certain local and international NGOs raised criticism over an alleged deterioration in commitments to address national human rights concerns since March 2011.

Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during today’s session to discuss human rights in the country.

A number of NGOs, including Redress, the Helios Life Association, the International Disability Alliance (IDA) and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.

The broadcast can be viewed live here.

The government of the Maldives responded to the list of issues to be raised during the session today earlier this month.

However, speaking to Minivan News this week, President’s Office spokesperson Abbas Adil Riza said the administration’s key focus at the UNHRC hearing was expected to be countering allegations put forward by the opposition Maldivian Democratic Party (MDP) about alleged police brutality and human rights abuses conducted since it came to power in February.

Abbas added the government would submit its case against what it called grossly “exaggerated” allegations raised by the MDP, which clams to have been removed from office in a “coup d’etat” on February 7.

UK-Maldives All Party Parliamentary Group

Aside from the reports submitted to the UNHRC, a UK-based NGO called Maldives Watch this week provided a report to the UK-Maldives All Party Parliamentary Group outlining what it claims has been a deterioration in human rights commitments despite assurances given in the Universal Periodic Review (UPR) back in March 2011.

The report claims that the perceived decline in respect of human rights practices had been largely attributed to a “rising Islamist influence and the return of the former dictatorship.”

Since February’s controversial transfer of power, President Mohamed Waheed has installed a coalition unity government consisting of former opposition groups including the Progressive Party of Maldives (PPM), the Dhivehi Rayithuge Party (DRP) and the Jumhoree Party (JP) amongst others.

The PPM is currently headed by Maumoon Abdul Gayoom, the former autocratic ruler of the Maldives, who was succeeded by former President Mohamed Nasheed in the country’s first presidential elections in 2008.

The MDP passed a resolution on February 8 contending that the present government was illegitimate.  The party has therefore refused cooperation with the coalition’s work – a position it has continued to back amidst five consecutive days of protests in Male this week that have at times descended into violent clashes with police.

While Waheed’s coalition government includes cabinet positions for several members of former President Gayoom’s family and party, the president on February 17 denied the coalition had restored an autocratic dictatorship to power.

“Anything other than President Mohamed Nasheed’s government is now being painted as the old government, as a return to the old regime. Which is a really misleading way of looking at it,” he stated at the time. “In this country most of us grew up and got education during the last 33 years, and most of the well educated people in this country worked in government. The government was the biggest employer in the country and continues to be so.”

Violation claims

To justify Maldives Watch’s claims about a deterioration of human rights in the Maldives, the report pointed to a number of developments including the adoption under the Nasheed government of Religious Unity regulations it claimed served to violate freedom of expression and right to information.

“The regulations give the Minister for Islamic Affairs arbitrary powers to ensure that only officially sanctioned views on religion can be expressed,” the report claimed.

Maldives Watch also pointed to the condemnation of UN High Commissioner for Human Rights Navi Pillay following calls she made back in November 2011 to encourage a national debate to ending flogging, a commitment said to have been backed by the Maldives at the UPR.

Criticisms were also made of the December 23 Coalition in Defense of Islam, which included NGOs, former opposition politicians and prominent religious figures.

“The coalition was led by radical Islamists and were joined by all opposition parties, all advocating Islamic supremacist ideas,” the report added.

Concerns were also raised over the detention of Criminal Court Chief Judge Abdullah Mohamed on January 16 2012 under the Nasheed administration .

The detention, which the the government claimed had been made over concerns about “national security” owing to allegations that Judge Abdulla was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.

Other issues raised by Maldives Watch’s report include:

  • The “overthrow” On February 7 2012, of the elected Nasheed government by various members said to be linked to the December 23 Coalition
  • Claims made this year by President Waheed on February 24, May 2, and “several occasions since” from other members of government, warning against dissent and labelling opposition as terrorists
  • A “resurgence of police brutality and growing violations of freedom of assembly freedom of association, and freedom of expression” since the transfer of power
  • Calls made during a series of stalled all-party talks – last held in June – for the opposition MDP to “give up its fundamental rights relating to freedom of expression, association, and assembly”
  • Police and the military “violently” taking over the state broadcaster before former President Nasheed’s resignation on 7 February
  • Allegations that private broadcaster Raajje TV “the only TV station critical of the government” has experienced government interference in obtaining a satellite uplink and harassment of its journalists
  • Perceived bias within the country’s judiciary, which is alleged to be either controlled by the elements of the Gayoom administration “or sympathetic towards the sharia norms espoused by the government”
  • Members of the Country’s Human Rights Commission (HRCM) perceived to be sympathetic to the interests of Maumoon Abdul Gayoom with a relative said to be employed in a key position within the body

The full report submitted to the parliamentary group is available here.

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PIC runs breathalyser tests following allegations of drunken police: results negative

The Police Integrity Commission (PIC) has revealed that a team from the commission recently visited the Maldives Police Service (MPS) headquarters to run breathalyser tests on some police officers involved in controlling the ongoing Maldivian Democratic Party (MDP) protests.

The MDP has been protesting in the streets of Malé for a fifth consecutive day, vowing to continue demonstrating until President Dr Mohamed Waheed Hassan’s administration is overthrown.

The party has alleged that the controversial transfer of power that took place on February 7 was an unlawful toppling of its government and described it as a coup d’état.

The PIC in a statement said that the commission visited the police headquarters following a report alleging that the police were acting in a “drunken” state while controlling the MDP Protests.

“Breathalyser tests are carried out to identify whether a person is in a state of intoxication or not. The report that we received regarding the allegations did not specify a number [of policemen who had consumed alcohol]. We want to release the details of this along with the test results,” said PIC President Shahinda Ismail.

Local media also quoted police media official confirming the PIC visit to police headquarters, but refused to reveal any further details.

“[PIC] are currently doing the tests. The tests are being carried out on 35 officers currently involved in operational level,” he said at the time.

Following the PIC’s breathalyser tests, Commissioner of Police Abdulla Riyaz in a statement to local newspaper Haveeru called on the commission to release the details of the tests as soon as possible.

He also told the newspaper that he believed that the commission should have released the results last night following the tests claiming that it was something the commission is “supposed to do”.

Regarding Commissioner Riyaz’s comments, PIC president Shahinda stated in the newspaper that the results would be released after a meeting with the commission members.

“We will reveal the results most likely in a press statement. We haven’t still been able to hold a meeting of the commission,” she said.

The PIC this morning released the results of the tests, refuting the allegations the police were in an intoxicated state during the protests.

The Commission said it had conducted breath analysis tests on all Specialist Operation (SO) police officers, none of whom tested positive for intoxication or alcohol consumption.

Speaking to Minivan News, PIC President Shahinda said the commission carried out the tests following a report saying that the police was “acting drunkenly during the protests” and that there was “the smell of alcohol coming from them”.

“We ran tests on the SO police officers. I think it there were about 37 or 38,” she said.

She also stated that none of the officers tested positive and that the allegations were false.

Asked if there were reports of alleged misconduct of police during the dismantling of MDP protests, she said that the commission had been receiving complaints and would be looking into it as per its daily routine.

She further stated that the commission was currently preparing a press statement asking the general public to provide any information on police misconduct following the events that unfolded on February 6, 7 and 8.

She also added that investigations are ongoing into allegations of police misconduct in Addu City on February 9.

PIC proves we are innocent: Police Media official

Speaking to Minivan News, Police Media Official Sub-Inspector Hassan Haneef said that the MPS welcomed the PIC statement, stating that it had proved their innocence.

He also said that some of the protesters were spreading false information and baseless allegations about the institution, and that the police were saddened to see such actions.

“We have noticed that some of the participants in the protests are spreading false information and making baseless allegations about the Maldives Police Service. We are very saddened to see such actions and we do condemn such actions,” Haneef said.

“It is a good thing that they filed the case with the PIC. That is the way  things actually should be,” he said, regarding the report.

Haneef also denied allegations that the police were targeting opposition aligned media outlets, stating that the police treated all media “equally and fairly”

“There is a cordon when police are trying to control protests. We always ask [media] to stay behind it and we will assure their safety and security. But when they go out of the cordon how can we identify them from the protesters when there are violence going on?” he questioned.

Asked about the issue of lack of coverage of the events if journalists stayed behind the cordon, he stated that the media should look into “alternative” ways of reporting.

“The media should seek alternative ways of covering the protests. We cannot guarantee their security when they are outside the police cordon.  Maybe they could get cameras with powerful zoom capacity to cover the protests from a distance,” he suggested.

Haneef stated that the police always approached the media in a “very friendly” manner and stated that no police officer would deliberately hurt a journalist.

Minivan News also tried contacting Commissioner Abdulla Riyaz but he had not respond at time of press.

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NGOs cite lack of regulation as a key barrier to Maldivian disability rights

Despite having ratified the Convention on the Rights of Persons with Disabilities (CRPD) back in April 2010, the Maldives must provide regulatory reforms ensuring against disability-based discrimination and abuse in local society, according to the International Disability Alliance (IDA).

The IDA, which represents a number of NGOs and charities working with people living with disabilities or mental health issues, has made the claims in a report outlining recommendations for how the Maldives can ensure against discriminating the disabled.

The recommendations note particular concerns such as “the lack of adequate and appropriate services, financial resources as well as specialised, trained personnel” available to children with disabilities to ensure their human rights are not being infringed.

The IDA findings will be among several documents submitted to a hearing of the UN Human Rights Committee (UNHRC) in Geneva on Thursday (July 12).

The report’s views have also been backed by local NGO, the Association for Disability and Development (ADD), which told Minivan News that it continued to hold reservations over a lack of policies outlining education, healthcare and employment rights for local people with disabilities.

An ADD spokesperson this week said that although the CRPD had been certified in the Maldives, a lack of national policy and regulation had meant, “there was nothing that could be done” about protecting the rights of people with disabilities or mental health issues.

“Regulations are needed, but the speed in which this process is happening is just too slow,” the ADD spokesperson claimed. “Disability is an area that has been neglected because politicians see other issues as much more pressing here.”

Ahead of its session with the UNHRC committee tomorrow, the government of President Dr Mohamed Waheed Hassan, has provided responses to the list of issues expected to be raised.

The UNHRC has already identified key issues to be taken up with the Maldives, concerning its International Covenant on Civil and Political Rights (ICCPR) commitments. A document outlining these issues – drawn from the country’s Universal Periodic Review (with submissions from government, HRCM and civil society), was published in August 2011 – prior to the controversial change of government and fresh allegations of police brutality and attacks on journalists.

Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during Thursday’s session to discuss the country’s human rights commitments.

Government view

When questioned yesterday whether the issues raised in the IDA recommendations were expected to be brought up with the delegation at the UNHRC, the President’s Office said the administration’s key focus would be on dealing with allegations put forward by the opposition Maldivian Democratic Party (MDP).

President’s Office spokesperson Abbas Adil Riza told Minivan News that the government would submit its case against allegations raised by the MDP about alleged police brutality. Abbas claimed that these allegations had been “exaggerated” by the opposition.

A number of NGOs, including Redress, the Helios Life Association, the IDA and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.

Speaking last night at a special ceremony held to celebrate the efforts of Maldivians working with people living with disabilities, President Waheed claimed that the state had in recent years been conducting programmes to try and assist the disabled.

“The only we way we can make our society more kind, just and caring is by us all changing ourselves to be more kind and caring towards the disabled. By making the society friendlier towards such individuals,” the president was quoted as having said by the Haveeru news service.

Local media also reported that the president committed to move ahead with establishing a focused Disability Unit under the Ministry of Gender and Human Rights.

Discrimination prevention

From the perspective of the IDA recommendations, the Maldives has been asked to take a number of steps to ratify the UNCRPD and its optional protocol.

These steps include adopting legal measures that would prohibit discrimination against people living with disabilities or mental health issues,  while also preventing the likelihood of them being abused or facing domestic violence.

The IDA also called on the government to provide health care services including mental and reproductive health care to disabled people along with other related services while ensuring the “free and informed consent” of the recipient. In addition, the report also called for authorities to ensure “involuntary treatment and confinement” were not allowed under national laws.

Addressing article 13 of the CRPD, the IDA also called for the provision to disabled people of “effective access to justice on an equal basis with others”.  This would ensure that disabled people could serve both directly and indirectly in the country’s criminal justice system, according to the recommendations.

The Maldives has also been called upon in the findings to repeal restrictions imposed in sections 73 and 109 of the national constitution. These restrictions are said to relate to the disqualification of elected members of parliament or even the president if they are deemed not of “sound mind”.

According to the IDA, the provisions are contrary to international standards on political participation.

“This is confirmed in OHCHR thematic study on participation in political and public life by persons with disabilities, which explicitly states that there is no reasonable restriction nor exclusion permitted regarding the right to political participation of persons with disabilities,” the recommendations stated.

In considering the state report submitted to the UN by authorities n the Maldives, the IDA said that no references were made directly to disability, with the government having instead referred to the Common Core Document submitted on February 16, 2010.

Marginalisation

According to the recommendations, Maldivians citizens living with disabilities are presently believed to be among the “most marginalised” in society, with a study conducted back in 2008 indicating that an estimated 25 percent of disabled children living in Haa Alifu Atoll and Haa Dhaal Atoll never left their homes.

Despite this apparent marginalisation, the IDA pointed to the provision in the 2008 Constitution of Malidves outlawing discrimination of people living with mental health issues or physical disabilities. The constitution also calls for “special assistance or protection to disadvantaged individuals or groups”, the IDA added.

“This provision provides the constitutional basis for a number of steps being taken to promote and protect the rights of disabled persons. The most important of these steps are the formulation of a comprehensive Disabilities Bill and a more specialised Bill on Mental Health,” stated the recommendations.

Disabilities Bill

The IDA said the Disabilities Bill, based heavily around the CRPD and designed in consultation with disabled people living in the country, was devised with provisions for the establishment of a special council charged with compiling a national database of citizens living with disabilities in the Maldives.

The council would also be required to protect the rights of people with disabilities, as well as oversee specialised monitoring centres, addressing complaints and drawing up annual reports.

“The draft law also requires the establishment of special education centres for disabled persons; requires state schools to have facilities for the disabled and to ensure that no disabled person is denied an education. [It also] requires that disabled persons be afforded special protection in the workplace and to ensure that disabled persons are not discriminated against in the job market; and requires that public spaces such as parks and supermarkets provide access facilities, such as ramps, for disabled persons,” the recommendations said.

“Finally, under the bill, the government commits to providing financial assistance of a minimum of US$155 a month to all disabled persons, while persons found guilty of harassing or mocking disabled persons are liable to be fined between US$389 to US$778.”

While initially passed on December 21 2009, the bill faced criticism from organisations including the ADD, the Maldives Deaf Association , Care Society and Handicap International for not being consistent with the CRPD document.

Reacting to these concerns at the time, former President Mohamed Nasheed was said to have vetoed the bill and sent it back to the Ministry of Health and Family on January 6 for revision. It was re-tabled in parliament during 2010, the IDA said.

“A general policy on disability is in its final draft form. The policy has been developed after consulting with persons with disabilities throughout the country. The policy relies on the CRPD as its framework and repeats its general principles, refers to most of the rights in the Convention and includes national monitoring mechanisms in line with the convention,” the recomendatons claimed. “The policy identifies a national coordination mechanism, as well as the Human Rights Commission as the monitoring body – both elements being in line with the CRPD.

Mental health policy

The IDA claimed that a second policy on mental health was also at an initial draft stage. The report claimed that the draft include “positive aspects” such as recognising the need for “informed consent” to ensure that treatments were not being forced upon people with mental health issues.

“It also recognises a paradigm shift from institutional care to community‐based rehabilitation as an important step towards protecting the rights of people with disabilities,” the IDA claimed. “It also outlines an institutional framework that establishes treatment services in the remote areas, thereby increasing accessibility to essential rehabilitative services to those in need.”

Disability awareness

However, the recommendations stressed that disability awareness had been a recent development in the country.  It claimed therefore that children with disabilities had traditionally been kept within families and away from wider society.

The IDA contended that a “social stigma” still surrounded children with disabilities and affected the way they are treated in society, also limiting future employment prospects.

“Local NGOs claimed in 2005 that there were thousands of persons with disabilities due to high levels of malnutrition during pregnancy. The government has established programmes and provided services for persons with disabilities, including special educational programmes for persons with hearing and vision disabilities,” the recommendations stated. “Persons with disabilities are usually cared for by their families, and when family care is unavailable, they are placed in the Home for People with Special Needs, under the [previous] Ministry of Health and Family, that also hosts elderly persons. When requested, the Government provided free medication for all persons with mental disabilities in the islands, but follow‐up care was infrequent.”

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Majlis Committee asks CSC Chair to resign within 14 days for alleged sexual harassment

The Independent Institutions Oversight Committee of the People’s Majlis has asked Civil Service Commission (CSC) President Mohamed Fahmy Hassan to resign within 14 days for alleged sexual harassment, local media has reported.

The police and the Independent Institutions Oversight Committee launched an investigation into the sexual harassment allegations against Fahmy in June after a female senior research officer lodged complaints with the two institutions.

MPs, who wished to remain anonymous, told Haveeru and Sun Online that a majority of the eleven member Independent Institutions Oversight Committee found Fahmy guilty of sexual harassment after summoning and interviewing Fahmy, the victim and several female employees of the CSC.

A vote on a motion urging action against Fahmy was split when five members voted for and against the motion, local media has reported. Chair of the Independent Institutions Oversight Committee Mohamed Nasheed cast the deciding vote, passing the motion to order Fahmy’s resignation within 14 days.

A source, who had knowledge of the committee sitting, confirmed the local media reports to Minivan News, but declined to comment further.

Fahmy and several members of the Independent Institutions Oversight Committee were not responding to calls at the time of press.

Haveeru previously reported that the alleged harassment occurred on May 29. Both Fahmy and the victim were summoned to the committee after a complaint was lodged in the first week of June,the report claimed.

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying “It won’t do for a beautiful single woman like you to get fat.”

The alleged victim’s family reportedly called Fahmy about the incident, after which it is claimed he sent a text message apologising for the incident.  Reports at the time alleged the read, “I work very closely with everyone. But I have learned my lesson this time.”

In response to the allegations, Fahmy told Minivan News last month that he believed the female staff member made up the complaint upon finding out she had not won a Singapore government offered scholarship to the CSC.

He alleged the claim was politically motivated, arguing the woman would have otherwise filed the case with the police instead of parliament.

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