Month: July 2012

Jameel and Dunya to defend Maldives’ human rights record at UNHRC

The Maldives’ government will on Thursday defend its human rights record to the UN Human Rights Committee (UNHRC) in Geneva.

The delegation will be headed by Home Minister Dr Mohamed Jameel, former Justice Minister under the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012 while in opposition.

Dr Jameel will be accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, Counsellor Marc Limon (formerly of PR firm Hill & Knowlton), Third Secretary Muruthala Moosa, and four interns: Marie Gabrielle Glock, Katherine Hamilton, Jessi Challis and Rinaldo Foncesca.

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.

Issues identified in the 2011 document include counterterrorism measures, commitment to reducing discrimination (including on the basis of gender, sexual orientation, and religion), and prohibition of torture and cruel, inhuman and degrading treatment or punishment.

One specific issue identified was the move in parliament to make the enforcement of the death penalty mandatory where such a verdict is upheld by the Supreme Court, which would place the Maldives in breach of its ICCPR commitments.

Dr Jameel last week stated he was willing to implement death penalty in his capacity as Home Minister. Supreme Court Chief Justice Ahmed Faiz also said he was willing to enforce such verdicts, as the Maldives struggles to come to terms with a sudden wave of violent crime and murder this year.

The ICCPR document asks whether prison personnel responsible for the death of Evan Naseem – a watershed moment in Maldivian political history that sparked democratic reform – had been investigated, and faced justice.

The document challenges the Maldives’ commitment to combating domestic violence and sexual assault in general: “According to information before the Committee, in the absence of a confession, a man can only be convicted of rape if there are two male or four female witnesses to the act. How does this comply with the Covenant?”

It also asks the Maldives to clarify its position on corporal punishment, whereby flogging sentences are routinely given for offences under Islamic sharia. The topic is sensitive in the Maldives, with UN Human Rights Commissioner Navi Pillay widely condemned in the Maldives following her call in parliament for a moratorium on the flogging of women as punishment for extramarital sex.

The UN document – produced in August 2011 – also calls on the government to clarify matters surrounding the nine-day detention without charge of MP Abdulla Yameen, then “leader of the opposition”, and challenges the government on issues relating to prison conditions, overcrowding, and lack of a legal aid scheme.

The document calls for the government to explain the country’s treatment of migrant workers, and in particular, “explain the measures being taken to deal with the trafficking of individuals from Bangladesh and India, who are mainly trafficked into the State party for labour and commercial sex exploitation.”
The document also requests the Maldives justify its reservation to article 18 of the ICCPR concerning freedom of religion, specifically the practice of religions other than Sunni Islam by the country’s largest population of foreign nationals.

It also calls on the Maldivian government to respond to allegations of “widespread harassment and intimidation” of journalists.

On June 4, well-known blogger and journalist Ismail ‘Hilath’ Rasheed had his throat cut in what appeared to be the first targeted assassination attempt of a media figure in the Maldives. Rasheed, who had been attacked multiple times prior to the attempt on his life, survived, and has since fled the country. Rasheed claimed he was attacked by radicalised gang members who were operating with the consent of “senior political and religious figures.”

Government response

The government of the Maldives responded to the list of issues earlier this month, ahead of its session with the committee later in July.

It acknowledged “efficiency and effectiveness” challenges with the local Human Rights Commission (HRCM).

“Notwithstanding, the government believes that HRCM already possesses necessary human and financial resources. It is worth noting that at a time of severe
economic difficulties in the Maldives, the HRCM has a budget of 22 million rufiyaa ($1.4 million – an extremely large sum considering the small economy and small population of the Maldives) and a staff of over 50 officials,” the response noted.

The Maldives had made considerable progress on issues of gender discrimination, the government stated, and towards addressing domestic violence with the introduction of a relevant bill.

On the subject of discrimination based on sexual preference, the Maldives had no specific law banning homosexuality, the government noted, however “article 10 of the Constitution of the Maldives states that the religion of the State of Maldives is Islam and Islam shall be the one of the basis of all the laws of the Maldives. Therefore, no law contrary to any tenet of Islam shall be enacted in the Maldives.”

“This excludes the possibility of enacting any law protecting the rights of persons based on their sexual orientation,” the government stated, adding that 23 people had been formally charged for homosexuality between 2007-2011.

With regard to article 18 on the right to freedom of thought, conscience and religion, “the reservation states that the application of the principles set out in article 18 will be without prejudice to the Constitution of the Maldives,” the government stated.

“Chapter II of the Constitution on fundamental rights and freedoms does not include, among the rights guaranteed, freedom of thought, conscience and religion.”

Regarding concerns over the introduction of the death penalty, the government noted that the referred bill was a proposed amendment to the Clemency Act “which will make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

“The amendment is proposed in an effort to stop crimes of murder and violence. The death toll in the Maldives has increased recently to a level of great concern and it is in the view that if death penalty or capital punishment is enforced it would reduce crime rate,” the government stated.

While corporal punishment was not explicitly prescribed in the penal code, it was administered for “certain offences prescribed in Sharia.”

“The government is, however, looking at ways to ensure that the punishment is not applied in a discriminatory manner. At present, women are far more likely to be publicly flogged than men – mostly because of outdated court procedures such as reliance on confessions rather than forensic evidence – though as noted above this is changing,” the government stated.

Yameen’s detention on the Presidential retreat at Aarah by the government of President Mohamed Nasheed “acted in contravention of the prescribed 24 hour rule and did not follow due process in dealing with political opponents on a number of occasions,” the government stated.

“Mr Yameen Abdul Gayoom‟s arrest and detention – by the police on an isolated island [Aarah] without access to a lawyer or to his family, were arbitrary and unlawful,” the government said.

On human trafficking, the government outlined measures it was taking to address international concerns and provide support for victims, including “a 24/7 toll-free help line to be announced shortly.”

“Language training is to be provided for the staff of Department of Immigration and Emigration and Labour Relations Authority (LRA) or translators are to be placed at borders to assist in identification of victims and providing necessary assistance to the victims,” the government stated. The country recently appeared on the US State Department’s Tier 2 Watch List for Human Trafficking for the third year running.

The government denied harassment and intimidation of journalists. Instead, “media freedom has remained steady with the constitution protecting freedom of expression but also restricting freedom of speech contrary to the tenets of Islam.”

While the government blocked websites controversial to Islam, ”the government is working to ensure the media is free to tackle any subject. It was by the current administration of President Dr Waheed Hassan who took office in February 2012 that Maldives National Broadcasting Corporation was handed over to the Parliament-created Maldives Broadcasting Corporation that had ended executive control of the media.”

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.

Minivan News will review these submissions this week ahead of the Maldives’ appearance in Geneva.

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Government ponders voluntary tourist contributions to fuel US$100 million green energy fund

A proposed tourist “tax” aimed at raising US$100 million to assist the Maldives’ carbon neutral aims would likely be implemented as a “voluntary contribution” scheme for foreign visitors, Minister of Environment and Energy Dr Mariyam Shakeela said today.

Dr Shakeela, who was recently approved by parliament to head the newly established Ministry of Environment and Energy, said that the scheme was presently being considered in the form of donations collectable from tourists visiting the country.

“We have not agreed anything yet, but the plan would be to set up a voluntary contribution programme to aid environment protection here,” Shakeela said, adding that the fund could be maintained and run in a similar manner to health and wealthfare charities.

While no agreement has yet been finalised on seeking support for the Maldives’ green aims through its lucrative tourism industry, representatives for the President’s Office today said there was reluctance to place further mandatory charges on foreign guests.

The comments were made as President Doctor Mohamed Waheed Hassan today discussed the future of the country’s sustainable initiatives, and played up commitments to become carbon-neutral by 2020.  The carbon neutral pledge was initiated by his predecessor Mohamed Nasheed.

However, following the controversial transfer of power that brought Waheed’s government to office in February – an act Nasheed later alleged was a “coup d’etat” – the key minds behind a risk-mitigated renewable energy investment devised for the previous administration raised concerns about the viability of a large scale national sustainable commitments at the present time.

Mike Mason – a former mining engineer and expert on renewable energy who served as Energy Advisor for Nasheed’s administration on a reportedly unpaid basis, alleged political uncertainty since February had derailed interest in fundng. Mason, who outlined a detailed alternative power strategy and funding plan set to be signed into place on February 7 this year, claimed capital investors who had been “queuing up” to assist the project made their excuses and declined assistance after the transfer of power.

At the same time, former President Nasheed’s Climate Change Advisor – UK-based author, journalist and environmental activist Mark Lynas told Minivan News last month that the loss of democratic legitimacy in the Maldives had destroyed its ability to make a moral stand on climate change-related issues, and be taken seriously.

“I think that the Maldives is basically a has-been in international climate circles now,” said Lynas, who drew a monthly stipend of Rf10,000 (US$648) for expenses whilst serving in his position.  “The country is no longer a key player, and is no longer on the invite list to the meetings that matter. Partly this is a reflection of the political instability – other countries no longer have a negotiating partner that they know and understand,” he said.

Reserve strategy

President Waheed himself used last month’s Rio +20 global summit to commit the Maldives to become the world’s largest marine reserve within the next five years five.

Speaking at the summit, the president also pledged that the Maldives would “cover 60 percent of our electricity needs with solar power, and the rest with a combination of biofuels, other clean technologies and some conventional energy.”

In clarifying details of his government’s sustainable plans, Waheed told Reuters today that as opposed to enforcing a US$3 mandatory tax on tourists to fund his government’s own carbon neutral policies, a voluntary fund targeting a sum of around US$10 per visitor was being considered.

“I believe most of the tourists who come to the Maldives are environmentally conscious and quite happy to make a contribution towards making the Maldives carbon neutral,” he added.

To compliment its desired aims to match the previous government’s carbon neutral objectives, Waheed explained to Reuters that the country required more investment in environmentally friendly buildings, as well as a move away from its heavy dependence on fossil-fuel powered transportation.

“We are a little bit behind schedule (on the renewables plan) but we hope we will be able to catch up over the next 5 years or so,” Waheed said.  “Male’ is not the most ideal island location right now – it doesn’t have ‘green’ buildings but a lot of companies are interested in developing them.”

The article also drew attention to the country’s resort industry, reporting that seven of the country’s 100 secluded island properties were presently considered “ecofriendly” in regards to efforts to cut down their carbon footprints. One resort is also expected to obtain carbon neutral status as of next year.

Reuters added that the present government was also looking to receive a sum of US$30 million from Climate Investment Funds that would help “leverage” US$120 million in capital to establish renewable developments across the nation.

Tourism “burden”

Addressing Dr Waheed’s comments today, President’s Office spokesperson Abbas Adil Riza said that the voluntary charge for tourists to help fund the country’s green efforts remained at the proposal stage.

Abbas added that the exact mechanics of how the potential funds would be paid and overseen therefore were yet to be developed.

According to the President’s Office, with tourists already facing a US$27 charge for an airport development project and a six percent Tourism-GST (TGST) on goods and services purchased during their stay, there had been reluctance to further “burden” the industry with more charges.

Resorts in the Maldives have previously expressed concern about the potential increase in T-GST to 12 percent, among several measures the International Monetary Fund (IMF) has said are urgently needed to offset the Maldives’ spiralling budget deficit.

Abbas had previously stressed that the government was committed to “not completely” reversing the Nasheed administration’s zero carbon strategy: “What we are aiming to do is to elaborate more on individual sustainable issues and subject them to national debate. Previously, these discussions on sustainability were not subjected to a national debate, such as through parliament,” Abbas said.

Election calls

Speaking to the Huffington Post news service earlier this month, former President Nasheed said he believed the controversial nature of the transfer of power in February meant that fresh general elections were presently the most important aspect to any successful climate change adaptation plan.

“Without democracy, you’d be making the wrong decisions at the wrong time,” Nasheed claimed, raising concerns that carbon neutral plans n the Maldives were now “stuck”.

In the months following his controversial resignation, Nasheed visited the US to raise awareness on the current political upheaval in the country, as well the documentary film, “The Island President” in a tour that saw him appearing on prime time TV and at talks across the country.

The documentary film chronicles his government’s ambitious pledge to become a carbon neutral nation by 2020, and has received increased global coverage since Nasheed was removed from office.

Whilst still in office back in November 2010, Nasheed claimed that failure to meet the country’s ambition aims of being an entirely carbon neutral nation would be a “disaster” for the country.

International perspective

Despite Nasheed’s high-profile climate activism, Greenpeace told Minivan News in 2010 that the Maldives acted more “as a symbol than a practical demonstration” of how national development and fighting climate change can be mutually exclusive.

“The Maldives can become a strong proponent of a paradigm shift in the World Bank and in developing countries whereby it is recognised that fighting climate change and promoting development go hand in hand,” said Wendel Trio, Climate Policy and Global Deal Coordinator for Greenpeace International.

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PPM “threatening” and “intimidating” police and military CoNI witnesses: MDP

The ousted Maldivian Democratic Party (MDP) has accused the Progressive Party of the Maldives (PPM) of “threatening” and “intimidating” police and army officers to prevent them from testifying at the inquiry commission set up to investigate the February 7 transfer of power.

In an interview to DhiTV on June 30, PPM deputy leader Umar Naseer claimed six high-ranking police and military officers loyal to deposed President Mohamed Nasheed were holding secret meetings with other security officers in a bid to persuade their colleagues to tell the commission that the change of government occurred through a coup d’état.

“We know that these things are being done,” said Naseer. “We are very closely following the actions of these people. All I have to say to these people is that the government has changed, within the boundaries of the law. Hence, stay with this government. Otherwise, change your thinking, and leave your current posts. Don’t force us to take action in these matters”.

The six officers named are Chief Superintendent of Police Mohamed Hameed, Superintendent of Police Adnan Anees, Chief Inspector of Police Mohamed Abdul Samad, Lieutenant Colonel Jihad, Lieutenant Colonel Zubair and Colonel Ziyad. DhiTV also broadcast pictures of the six officers.

In a press release on July 3, MDP Spokesperson Hamid Abdul Gafoor said Naseer’s statements were “thinly veiled threats” to “intimidate potential witnesses before the CoNI.”

The Commission of National Inquiry (CoNI) was set up by President Mohamed Waheed Hassan to assess the circumstances surrounding President Mohamed Nasheed’s resignation. Following international concerns over the commission’s impartiality, Waheed reconstituted CoNI in June to include a foreign judge and a member representing Nasheed.

Nasheed’s former Environment Minister Mohamed Aslam and National Security Advisor Ameen Faisal released a report outlining what the MDP government knew of then-opposition’s plan to topple the government by soliciting “about 500 police officers” to protest in Republic Square – a demonstration that was joined by opposition supporters and led to Nasheed’s resignation “under duress” on February 7. The government described the report as a “terrorist act.”

Chief Superintendent Mohamed Hameed was subsequently arrested, while other police officers who had cooperated with the report were rounded up and detained, and their houses searched.

Police initially denied the allegations of a “witch hunt” and issued a statement accusing the media of “circulating baseless and false reports”. However court warrants for the arrest of Hameed and Staff Sergeant Ahmed Naseer were subsequently leaked.

In DhiTV’s report, Naseer said the six officers were plotting to influence CoNI’s report to reflect Ameen and Aslam’s findings.

“[Loyalist elements] of the police and military have been made well aware of these people, who are trying to ensure that the report of the Commission is in favour of Nasheed, by their own actions, during Nasheed’s regime,”Naseer warned.

“All I have to say to these people is that we have been very closely observing your actions,” he repeated.

Following the reconstitution of CoNI, an additional 244 people have registered to testify at the commission. CoNI is expected to complete its report by the end of August.

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Police arrest 13 during MDP march held to mark February 8 police brutality

Police have confirmed the arrest of thirteen Maldivian Democratic Party (MDP) members during a march held to commemorate a brutal police crackdown on peaceful protesters on February 8.

Hundreds set out from MDP’s protest camp at Usfasgandu area around 2:00pm in the afternoon and gathered near the government office complex Velanaage. Riot police set up barricades and blocked all streets leading to the area.

Police Spokesperson Hassan Haneef said the 13 arrested had attempted to cross police barricades and obstruct police duty. Minivan News also observed police confiscating several MDP flags.

“The police are categorically targeting, physically assaulting, harassing and torturing MDP members and parliamentarians,” MDP MP Imthiyaz Fahmy told Minivan News.

“The state’s independent institutions such as the Human Rights Commission (HRCM) have been noticeably silent even though international bodies have issued several reports on the matter,” he added.

The MDP has held regular and well-attended rallies since the transfer of power on February 7. The party alleges President Mohamed Nasheed was deposed in a coup d’état and have called for early elections.

Amnesty International has released multiple statements since the transfer of power on February 8, condemning excessive use of force against demonstrators. In its most recent statement on June 11, Amnesty noted police attacked, beat and pepper sprayed peaceful demonstrators, members of parliament, journalists and bystanders during an MDP protest on May 29.

However, police have denied Amnesty’s allegations, claiming only the “minimum required force” was used in arrests.

Fahmy raised concerns over criminal charges against MDP protesters while police brutality allegations remain uninvestigated.

He also condemned the Majlis’ silence regarding attacks on MDP parliamentarians. Several MDP MPs were assaulted and sustained severe injuries on February 8. Meanwhile, the police have filed charges against Fahmy for allegedly attacking a female police office on May 29. Fahmy said the charges had been “fabricated.”

In May, the Police Integrity Commission (PIC) forwarded a case involving the assault by a police officer against a MDP protester on February 8 to the Prosecutor General’s office.

The PIC has alleged that Staff Sergeant Ali Ahmed assaulted Mohamed Niyaz of Fares-Mathoda in Gaaf Dhaal Atoll on February 8 is a display of excessive force. Video footage revealed Ahmed kicking the victim while he was on the ground.

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Police arrest third suspect in Najeeb case, claim more may follow

Police yesterday arrested a third suspect in the murder of lawyer Ahmed Najeeb for allegedly assisting to hide the deceased man’s body.

Police, who have not revealed the name of the suspect, confirmed a 31 year old man had been arrested during their investigations, while claiming further arrests could yet be made concerning the case.

Maafannu Masroora House, the location where Najeeb is believed to have been murdered, is still under observation with a police media official telling local newspaper, Haveeru, that officers are “still trying to find more evidence to support the case.”

Speaking to Minivan News today, Police Spokesperson Sub-Inspector Hassan Haneef confirmed the arrest, though declined to reveal any more information on the suspect’s identity.

“We are now in the investigation process. At the time we do not want to reveal the name of the arrested man as it is a policy of ours to not to reveal the name of a suspect at such an early stage of an investigation,” he said.

Haneef added that officers were presently investigating if any other suspects had involvement in the murder case.

Two suspects already charged over the case, Ahmed Murrath and Fathimath Hana, are currently facing trial.

Case details

Veteran lawyer Najeeb was found dead on July 1.  His body was discovered in a dustbin bag in a second floor apartment of Maafanu Masroora house in Male’.

The 65 year-old man’s body was found supposedly gagged, badly beaten and stabbed in the throat.

Police at the time revealed that 29 year old ex-convict Ahmed Murrath had been charged with Najeeb ’s murder and had confessed to killing him, claiming the lawyer attempted to sexually assault his 18 year-old girlfriend Fathimath Hana.

Hana of Rihab house in Shaviyani Goidhoo island, was identified as a second suspect and also faces a charge of murder in relation to the case after she confessed to “helping” her boyfriend kill Najeeb.

During the first hearing of the trial, both suspects testified separately.

Hana noted that Najeeb had arrived to Maafanu Masroora on the night of June 30 at around 10:00pm over a request to discuss a family legal case.

She said that her boyfriend killed him after he became “sure” that Najeeb attempted to sexually assault her, and added that she helped tie Najeeb’s hand, legs and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.  Najeeb’s cash card was taken from him and the pair had withdrawn money from it.

According to Hana, she did not know that the victim had been killed until her boyfriend woke her up and told her about it around 4:00am the following morning. At the time Hana said she was sleeping, intoxicated from drinking alcohol.

Her boyfriend corroborated the confession in his statement, saying that she was asleep when he killed the lawyer.

Murrath said he was present when Najeeb came over to the house to discuss the legal case and he became suspicious so asked Hana if something was wrong. Hana told him that Najeeb had grabbed her hands and hurt her, Murrath added.

Murrath said that he killed Najeeb out of anger and apologised to the family members present at the hearing for committing the crime.

The police had earlier noted that Murrath tested positive for drugs when he was brought under custody. He is a former inmate conditionally released under the Second Chance program for inmates with drug offences.

Police said he had an 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

Demand for public execution

During the trial, currently taking place in the Criminal Court, all eight heirs of Najeeb refused to accept blood money and have asked the Judge for qisas (equal retaliation) – the death penalty.

Initially the court summoned the six heirs following the confession of both the suspects implicated in the crime, while the two others were not present for the session.

The court stated that out of the two heirs not present at the hearing, one was living abroad and the court would be making arrangements through the Ministry of Foreign Affairs to collect his statement. The other heir was said to work in a resort out of Male’.

In the two seperate hearings held on Thursday (July 5), statements of the two remaining heirs – Shashma Najeeb and Jinaan Ahmed – both refused to accept blood money and asked the Judge for ‘qisas’ similar to the other six family members.

Shashma Najeeb who gave her statement at the Sri Lankan High Commission through a telephone conference, said three times in the court that she wanted the death penalty imposed, asking the presiding judge to implement the death penalty and ensure the killing was carried out in public.

Jinaan Ahmed also followed Shashma Najeeb in demanding the death penalty, refusing to accept blood money.

The Criminal Court Judge has announced that if there are any other heirs remaining which the court has not come to know of, they should inform the court before July 10, and if there remain no further heirs, the trial would be concluded during the next hearing.

If none of deceased victim’s heirs agree to accept blood money, under Islamic Sharia Murrath and his girlfriend will be subjected to the death penalty.

Traditionally, death penalties in the Maldives are commuted to life imprisonment of 25 years under the Clemency Act 2010 (Act no 2/2010), where it states:

“Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President has the authority to relieve the sentence into a life imprisonment, after consideration of either the state of the guilty, the legal principles behind the issue, consensus of the state or the values of humanity. But once such a sentence is being relieved to a life imprisonment, the guilty shall not be eligible for pardon, under any clause of this act.”

A perceived rise in criminal-related deaths has this week seen growing public debate and media coverage over the issue of implementing capital punishment in the Maldives.

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Superboys and supergirls at heart of charity focus ahead of Ramazan

It is a fairly uncommon site in Male’, if not anywhere else in the world.  A young Superman is sliding down the banisters of the capital’s national stadium, closely followed by a no-less fearless Snow White, several fairies and a princess, all while several marching bands provide a regimented soundtrack to the high-energy goings-on.

Rather than a colourful breakdown of order in Male’ amidst present political tensions, the event held in the capital yesterday represents attempts by a growing number of NGOs to provide fundraising and awareness programmes aimed at children in the run-up to the holy month of Ramazan that begins in August.

Local NGO Tiny Hearts of Maldives and the Advocating the Rights of Children (ARC) organisation have both this weekend launched initiatives designed to capitalise on the charitable spirit said to be at the heart of Ramazan.

Tiny Hearts race

Tiny Hearts, which was set up three years ago to help local youngsters suffering with Congenital Heart Defects (CHD), yesterday organised a fancy dress run attended by 400 pre-school children.  The event was supported by a number of organisations like the Diabetic Society of Maldives, Maldivian Red Crescent, the Scout Association of Maldives and the Maldives Girl Guide Association.

Five pre-schools participated in the race, including the Galolhu Madhrasa, Hulhumale Preschool, Maafannu Madharsa, Sheikh Abdul Rahman Preschool and Zaailing Preschool.

Music during the event was also provided by the brass bands of Iskandhar School, Jamaaludheen School and Imaadhudheen School.

According to the local charity, the ‘Race for Tiny Hearts 2012’ project was focused mainly on promoting physical activity in young Maldivians, whilst trying to encourage parents to do more at the family level to promote heart health.

Having previously been involved with high-profile attempts in the country to raise funds for its work, including an ultimately unsuccessful attempt to make the record books last year, CHD was not the sole focus of yesterday’s event for Tiny Hearts.

The charity nonetheless said that it had been able to raise awareness of both its own and other charitable organisations’ commitments and aims during the two hour event.

“We aimed and managed to engage various other institutions to work actively alongside charitable organisations to achieve goals that benefit society,” Tiny Hearts stated.

While yesterday’s series of races served as a fun family event for participants, Tiny Hearts has claimed that during the last three years, it has not only provided advice and awareness campaigns regarding CHD, but to also provide logistical and financial support in ensuring there is hope for child sufferers of heart defects.

The NGO estimates that 250 CHD patients have been able to fly abroad for specialist surgeries and healthcare, while the group has also worked to bring paediatric cardiologists to the Maldives for more direct assistance.

ARC Ramazan collection scheme

Yesterday also saw the ARC charity launch its 2012 Ramazan collection campaign designed to collect goods and other essentials for children of all ages that are raised in shelters.

A spokesperson for the charity today told Minivan News that the scheme, which had also been run back in 2011, was designed to aid the work of three key children’s shelters in the Maldives.   These shelters include; Kudakudhinge Hiya on Villingili, the Education and Training Centre for Children (ETCC) on Maafushi and Feydhoo Finolhu’s Correctional Training Centre for Children.

“Ramazan in the Maldives is a time where the majority of people went to help others and are in a giving mood. We have aimed this for now, as families will be buying lots of new things and we ask them to think of less fortunate children,” an ARC spokesperson said.

“We ran this project last year as well and found a lot of interest in people wanting to help, though not knowing how to. We looked at the needs of these shelters and have compiled a list. Collections opened yesterday (July 6) and will continue until next Saturday (July 14).”

The collections are taking place at the ARC office located on the second floor of M. Nooraaneeaage on Orchid Magu in Male’. Collection hours are between 2:00pm to 6:00pm from Saturday until Thursday. On friday, collection will occur between 4:00pm and 6:00pm local time.

According to the charity, the collection will take a large range of goods from clothing and apparel, to toiletries, toys, foods, books and stationery.

A full list of the goods needed can be read here.

Looking to its aim for the year ahead beyond Ramazan, a spokersperson for ARC said the organisation did not have a clear strategy regarding specific fund-raising events.

“We tend to work on a project-by-project basis, which has mainly seen us helping the shelters such as through capacity building initiatives and providing Parental Effectiveness Training (PET) projects for care-workers. It is important to support these care-workers as they are effectively parents to children as these shelters,” the spokesperson said.

ARC is presently involved in establishing a 
PET
 scheme amongst staff at the ETCC
 site in
 Maafushi.

The programme, which is being overseen by certified instructors has been devised by the charity in an attempt to give caregivers the means to better understand and deal with issues facing the children they look after. A similar PET programme was provided at Kudakudhinge
 Hiya in July 2011, the charity added.

Alongside focusing on national awareness projects relating to areas such as health and nutrition and child abuse, ARC claimed it also had a secondary function of providing sports programmes in fields such as badminton and chess to children living in the environment of a shelter.  The charity has also been involved in the provision of additional assistance and tutoring to assist underprivileged children with their school work and studies.

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Time “not right” to amend Freedom of Assembly bill, MDP claims

The opposition Maldivian Democratic Party (MDP) has said it is opposed to a Freedom of Assembly bill accepted for discussion this week by the People’s Majlis – despite praising the overall nature of the legislation.

According to local media reports, 41 ministers out of 62 present during a vote this week favoured tabling the bill, which was proposed earlier this year by the independent MP Mohamed Nasheed. The bill is said to have been devised in a bid to clarify the rights and responsibilities of both protesters and authorities policing them.

MDP Spokesperson and MP Hamid Abdul Ghafoor told Minivan News that while the party believed the proposed bill was a “good piece of legislation” – the time was deemed “not right” for such amendments to be made to the existing law.

The MDP has continued to allege that the government of former President Mohamed Nasheed was ousted in February through a “coup d’etat” supported by mutinous elements of the police and military. Hamid contended therefore that amendments to police controls in the present political environment would not be supported by the party.

“We continue to maintain that the police are not a legitimate body due to their role in the coup,” he claimed. “This is a good piece of legislation to implement with a legitimate police force, but we believe that [the security forces’] role in the coup was such that this is not the time to get the bill passed. It would simply serve for authorities to gain leverage and take away the democratic gains made in the country in the last three years.”

“Up the ante”

With parliament now reportedly discussing whether the bill should be sent for evaluation through a temporary or permanent committee, Hamid added that the MDP was itself preparing to “up the ante” in terms of the protests it has been holding over the last few months concerning the legitimacy of President Mohamed Waheed Hassan’s government.

“At the moment, the mood in the party is to intensify the protests,” he said. We continue to believe that the present government is not legitimate and we will continue to protest this within legal means under the eyes of the law. The courts have not yet been able to rule against the freedom of assembly,” he added.

According to Hamid, with the MDP continuing to conduct protests on a weekly basis, there remains suspicion that the new bill was being prosed simply to stymie and “squash” the right to protest in the country – a claim denied by those behind the proposed legislation.

The opposition party’s supporters again yesterday marched around Male’ past sites including police and Maldives National Defence Force (MNDF) barracks – albeit on a slightly modified route – to reflect what they claim is growing impatience with the Waheed administration.

Following the transfer of power in February and President Waheed’s delayed innagural address to parliament a month later, there have been incidents of violent clashes between police and anti-government protesters – particularly in the capital of Male’. Since these events, clashes between the police force and the MDP have been reported to be much more sporadic and small scale.

Hamid claimed that the MDP was not going out with the intention to confront police officers, alleging that some law enforcement officials had in recent weeks attempted to incite violent clashes themselves.  He pointed to an incident last month where police marched straight through a large gathering of demonstrators including former President Nasheed as an example of this allegation.

Coalition view

In considering the implications of parliament approving the Freedom of Assembly bill, Deputy Leader of the government-aligned Dhivehi Rayithuge Party (DRP) Ibrahim Shareef said Thursday evening (July 5) that it continued to support freedom of assembly and would voice changes to the bill where it believed they were required.

“As a party, we have not discussed [the bill] yet.  As far as we are concerned the bill is about regulation regarding protests,” he said.

Shareef added that the parliamentary vote held this week was simply over whether the proposed changes should be tabled for discussion among MPs. He added that the legislation was now being looked at before being submitted for committee review, where the specifics of the bill would be debated further.

MPs Ahmed Mahloof and Ahmed Nihan of the Progressive party of Maldives (PPM) – a coalition partner of the DRP – were not responding to calls at the time of going to press regarding their opinions of the bill.

Proposed changes

Upon introducing the bill back in April, independent MP Nasheed said new legislation was required to replace the current regulations concerning freedom of assembly devised before the current constitution was put in place.

The proposed bill is based largely on guidelines published in 2010 by the European advisory group on constitutional law, the Venice Commission (officially called the European Commission for Democracy Through Law). The guidelines argue that any restrictions to freedom of assembly must consider legality, necessity and proportionality.

The unusual nature of the country, Nasheed argued, requires that “absolute” restrictions on static protests remain around the state’s vital institutions, in particular those areas on Republican Square which affect the security forces’ ability to operate.  These require an area of 200ft to the front and 50ft to the side of police and military headquarters to be prohibited from static protests, such as sit-downs. Other military barracks require a protective zone of 50ft; other police facilities, 25ft.

The police protest on February 7 that led to the downfall of former President Mohamed Nasheed’s government took place outside the MNDF’s headquarters.

Additionally, the bill suggests that a minimum distance of 25 feet be maintained from mosques, schools, hospitals, court buildings, the President’s Office, the President’s house, and from parliament. The proposed bill places no restrictions on moving protests.

Concerns were raised in May about protests being held near to the country’s mosques after a group of people said to be MDP supporters obstructed a sermon held by prominent religious scholar Sheikh Ilyas Hussain.

The only time-based restrictions under the bill are those that proscribing protests outside of an individual’s home after 10pm, and those that use loudspeakers after 8pm.

Nasheed was also keen to point out that new bill, and the timing of its submission, had been unrelated to the controversial transfer of power earlier this year. He stated that he had been working on the bill since 2010 and had completed a first draft last year.

He was realistic, however, about the difficulties the bill would face.

“People who are protesting will be unhappy with any restrictions… but they should respect the rights of others,” said Nasheed.

The MP has previously predicted that the bill could take up to a year to be passed.

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Comment: Sharia and the death penalty

This article first appeared on Dhivehisitee. Republished with permission.

On July 1, a Maldivian lawyer was brutally murdered, his body stuffed into a dustbin.

On June 4,  militant Islamists tried to murder Hilath Rasheed, the country’s only openly gay rights activist and a rare voice advocating secularism in the Maldives.

On 30 May,  a 65-year-old man was killed on the island of Manafaru by robbers after his pension fund.

On the same day, in Male’ a 16-year-old school boy was stabbed multiple times and left to bleed to death in a public park.

On April 1, a 33-year-old man was stabbed to death in broad daylight by two men on a motorbike.  On February 19, a twenty-one-year-old life was taken in a case of ‘mistaken identity’.

Amidst the increasing violence and decreasing value of life, calls for restoration of the death penalty are growing. It is normal for a society experiencing unprecedented levels of crime to demand the death penalty as a solution. In the Maldives, however, the whole debate is framed within the precincts of religion, touted as a return to ‘Islamic justice.’

This is not to say other ways of looking at it are completely absent from the discourse. There’s Hawwa Lubna’s examination of the death penalty within a rule of law framework in Minivan News, and Mohamed Visham’s somewhat confused and confusing analysis of its pros and cons in Haveeru, for example. Such discussions are, however, pushed to the fringes as the theme of ‘Islamic justice’ takes precedence.

My question is, how Islamic is this call for ‘Marah Maru’ [death for death]? Is revenge what underpins provisions for the death penalty in Sharia?

The Qur’an mandates that everyone has a right to life, unless a court of law demands killing: “Nor take life — which Allah has made sacred — except for just cause.”1

What is not being said in the Maldivian debates on the death penalty is that although the Qur’an provides for situations in which the death penalty can be imposed, all such situations are carefully laid out with stringent evidentiary requirements that discourage carrying out a death sentence.

And, in all situations where capital punishment can be imposed, it offers alternative punishments that allow the death penalty to be avoided. 2

Among the three types of crimes for which the death penalty can be imposed in Sharia–hudud, qisas, and the ta’zir– murder belongs to the Qisas category. Qisas are offences proscribed by the Qur’an or Sunnah, but are subject of personal claims, rather than offences against Islam. Qisas deals with murder or bodily injury. The Qur’an allows retaliation against the individual who commits a Qisas crime, but also clearly demonstrates a strong preference for forgiveness.3

We have often heard in the current Maldivian debate the call for an ‘eye for an eye’, a ‘life for life’, citing the Qur’an; what we do not hear is the rest of the verse.

We ordained therein for them:

“Life for life, eye for eye,

Nose for nose, ear for ear,

Tooth for tooth, and wounds

Equal for equal.”

But if Anyone remits the retaliation

By way of charity, it is

An act of atonement for himself.

And if any fail to judge

By (the light of) what Allah

Hath revealed, they are

(No better than) wrongdoers. 4

The law of equality

Is prescribed to you

In cases of murder:

The free for the free,

The Slave for the Slave,

The woman for the woman.

But if any remission

Is made by the brother

Of the slain, then grant

Any reasonable demand,

And compensate him

With handsome gratitude 5

The right for the family of a murder victim to demand harm is balanced by the opportunity for family members to accept payment, or diya, for their loss instead of demanding that the perpetrator be punished. This is reflected in the fact that, generally, the Qur’an expresses a preference for diya over qisas 6 It says, for instance, that the Muslim who chooses diya will be rewarded in heaven:

It is part of the Mercy

Of Allah that thou dost deal

Gently with them.

Wert thou severe

Or harsh-hearted,

They would have broken away

From about thee: so pass over

(Their faults), and ask

For (Allah’s) forgiveness

For them; and consult

Them in affairs (of moment).

Then, when thou hast

Taken a decision

Put thy trust in Allah.

For Allah loves those

Who put their trust (in Him) 7

The question is, when Sharia so emphasises forgiveness over punishment, why is the emphasis of the Maldivian death penalty debate on punishment over forgiveness? In the murder of lawyer Ahmed Najeeb, for instance, the breathtakingly rapid investigation and court case revealed that two members of Najeeb’s eight inheritors chose diya over death, preferring not to take a life for a life.

When, according to the Qur’an and Sunna, diya is the more honourable choice, why was the choice of these two relatives Najeeb not highlighted in the national discourse as motivated by ‘Islamic values’ and, therefore, praiseworthy?

Why is ‘truly Islamic’ justice only portrayed as ‘an eye for eye, a life for a life’?

Not only is the reluctance to punish found in the Qur’an, it is also the case in the Sunnah. A’isha, the wife of the Prophet said, for instance, to:

avoid condemning the Muslim to Hudud whenever you can, and when you can find a way out for the Muslim then release him for it. If the Imam errs it is better that he errs in favour of innocence…than in favour of guilt.8

There is another narrative from the Prophet’s life that demonstrates he actively encouraged his followers to ward off punishment by looking for uncertainties that would create reasonable doubt, making the punishment impossible.

Maa’iz b. Malik was a person who presented himself to the Prophet, confessing Zina and requesting purification with the hadd. His story is scattered through the books of Hadith in numerous narrations. The Prophet repeatedly told him to go back and seek Allah’s forgiveness. After he kept returning, the Prophet made a number of attempts to make sure there was no doubt. He sent his Companions to Maa’iz’s people to inquire if he was known to be insane. He was informed there was no evidence of insanity nor was was he known to have any defect in his mind. He then asked them whether he was intoxicated, and the Companions smelled his mouth and informed him that they could not detect any signs of alcohol on his breath. Only then did the Prophet implement the hadd of stoning. In additional narrations of this same story, the prophet asked Maa’iz some specific questions to avert possible doubt:

“Perhaps you only kissed her or flirted with her or gazed at her.” Maiz replied, “No”. He then asked, “Did you have physical intercourse with her?” He replied, “Yes,” and only then was he ordered to be stoned.9

Quite clearly, Islamic justice is based on the ethos of forgiveness rather than punishment.

This understanding of the Sharia is being left out of the Maldivian debate – as it was left out of much of Western discourse on Sharia in the last decade – by those calling for an end to the moratorium on the death penalty. It is a suspension that has lasted from 1953 till now, and one that more closely reflects the Quranic understanding of Sharia.

Given that all parties pushing the death penalty are framing it as re-introduction of an ‘Islamic justice’ system, it is wrong that they are all ignoring the emphasis that the system places on finding alternatives to taking a life for a life.

It raises the question of whether the real motives behind the call for the death penalty are political rather than a desire for justice itself, Islamic or otherwise.

Leading the call are the usual suspects – prominent legal players such as Attorney General Azima Shukoor, Prosecutor General Ahmed Muizz and Home Minister Mohamed Jameel Ahmed – who have all expressed their desire for restoration of the ‘Islamic justice’ of the death penalty. And the Chief Justice Ahmed Faiz has – incredibly – described the beleaguered Maldivian justice system as capable of meting out capital punishment justly.

For politicians, imposing the death penalty at a time of unprecedented violence such as now provides the opportunity for appearing tough on crime – always a vote-attracter among a population battling with rising crime rates, especially when a crucial election is nigh. Their assumption is that if the State were only brave enough to take upon itself the power to kill, everyone else would cease to do so.

Furthermore, it provides a rare and valuable opportunity to flex political muscle at a time when the government is weak and its legitimacy is in question.

For the Islamists, it is the means with which to enforce a particularly harsh interpretation of Sharia on the Maldivian people in the name of Islam.

Given the situation, it is shocking that no member of the community of ‘Islamic scholars’ in the Maldives have come forward to emphasise understandings of Sharia and Islamic jurisprudence that highlight forgiveness and mercy as virtues much more deserving of Allah’s approval than revenge – even where justified by law.

Does the lack of an alternative view mean that in the last decade or so Islamists have established such a hegemony over Maldivian religious thought that it prevents any other views from being offered to the public?

Does it mean there are no ‘Islamic scholars’ in the country with an understanding of Islam that is not Islamist?

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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Police forward Hassan Abubakur murder case to PG

Police have concluded their investigation into the murder of 65 year-old Hassan Abubakur on Maafaru island in Noonu Atoll, and forwarded the case to the Prosecutor General’s office.

Three suspects were identified as involved in the case: Ahmed Naushad, 27 of Irufa house in Galolhu ward, Akram Abdul Fathaah, 18 of Maafaru Island and Mohamed Faisal of Isdhoo Island in Laamu Atoll.

Hassan Abubakur was found murdered inside his own house on May 30 at around 6:00pm on the island of Maafaru in Noonu Atoll.

“Neighbors living near his house noticed that he had not been coming out at all, and went in to see what was going on and found his dead body,” Ahmed Shareef, President of the Island Council of Maafaru, told Minivan News at the time.

“I saw inside the house after the incident, it seems that some people tried to steal something from the house, because the things inside his house were not arranged as they usually were,’’ he told Minivan New. “Some cupboard doors were opened and some things supposed to be kept on the table were dropped on the floor.”

Head of Maafaru Island Health Centre Ali Shareef suggested that the victim had received a large amount of cash in a lump sum through the elderly persons’ pension scheme, as he had not received it for a long time. The assailants may have killed him in an effort to steal the money, Shareef speculated.

The elderly man’s legs were tied and a pillow was on his face when his body was found, Shareef told Minivan News, according to islanders who witnessed the body.

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