Human Rights Commission summoned to Supreme Court

Members of the Human Rights Commission of Maldives (HRCM) have been summoned to appear before the Supreme Court next week.

The summons closely follows the HRCM’s report for the UN Human Rights Council’s (HRC) Universal Periodic Review, submitted earlier this week which criticised the court’s growing powers.

“Judicial system is controlled and influenced by the Supreme Court, weakening judicial powers vested in other superior courts and lower courts,” wrote the commision for the HRC’s examination of human rights in the Maldives.

Members of the commission have revealed that the summons, originally for today (September 18) has been delayed until September 22 due to the current absence of members from the capital, Malé.

The President’s Office has today criticised the report, suggesting in particular that sections on the death penalty could mislead international opinion.

Minivan News understands that the letter of the Supreme Court summons says only that the HRCM is being summoned “for the purposes of the court”.

Changes to contempt of court regulations made in June authorised courts to initiate legal proceedings and punish individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

Contempt of court charges were also used to dismiss senior members of the Elections Commission (EC) just weeks before March’s Majlis elections.

Constitutionally protected testimonies given to the Majlis was included in evidence used to remove EC President Fuwad Thowfeek and Vice President Ahmed Fayaz for violating article 141 of the Constitution – which prohibits interference with the functioning of the courts.

The HRCM was accused of interfering in the work of the Juvenile Court earlier this year following a report on the infamous case of an abused 15-year-old sentenced to flogging. The court summoned commission members after suggesting the report contained false information.

Through a raft of regulations enacted in recent months, the Maldives Supreme Court has sought to consolidate control over administrative affairs of the judiciary.

The HRCM report to the UN said that “due to shortfalls in judicial system, functioning of the judiciary is often questionable on various grounds including independence, transparency, interference, influence, competency, consistency, and accessibility”.

Criticism and confusion

The report – part of a study of the human rights records of all 193 UN member states – has been criticised by the President’s Office, which has suggested the report was “very confusing” on the death penalty issue.

The ‘Child Rights’ section of the report calls for the abolition of the “death penalty” for minors after moves to end the 60-year moratorium earlier this year.

While the revised Penal Code, passed in April, ensures those under 15-years cannot be held criminally responsible, minors can still be charged for Hadd offences, with death sentences not carried out until 18-years of age.

“The Government of Maldives is not going to give the death penalty to children,” President’s Office Spokesman Ibrahim Muaz told Minivan News today.

Comments from the Swiss delegation on the Maldives’ death penalty policy, made during the general debate session of Tuesday’s HRC meeting, prompted an angry response from Maldivian counterparts.

After being criticised by the Swiss for changing legislation “to permit the death penalty for children as young as 7 years old”, the Maldives itself attacked statements “rooted on misrepresentation and media speculation”.

Legal sources told Minivan News that, while the new Penal Code does include the “immaturity excuse” – removing criminal responsibility from those under 15, Article 15c still allows for minors to be held accountable for hadd offences.

Human Rights Commission member Jeehan Mahmood has defended the overall report submitted for the UPR.

“It’s the one chance we get to bring the world’s attention to issues that the state chooses to ignore on domestic forums”.

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Nasheed urges President Yameen to take charge of Rilwan investigation

Expressing concern over progress in police’s search for missing Minivan News journalist, former President Mohamed Nasheed has called on President Abdulla Yameen to take charge of the investigation.

Evidence suggests Ahmed Rilwan was abducted at knifepoint outside his apartment in Hulhumalé on the early morning of August 8. Today is the 41st day since Rilwan disappeared.

“I call on President Abdulla Yameen to have the case of Rilwan’s disappearance investigated under his direct oversight,” Nasheed told the media after a visit to Rilwan’s family on Wednesday.

“Neither Rilwan’s family, nor we, can accept that the government is conducting a thorough investigation into this matter,” the opposition leader said.

“I believe that the Maldives Police and MNDF have sufficient capability to conduct an investigation like this. They have the experience, and the skill support. And yet, as I see it, they are not conducting an acceptable level of investigation in this case.”

Rilwan’s disappearance has caused great distress to his family, Nasheed said.

“Over 40 days has passed since Rilwan was last seen, and there are certain rituals that we must complete even in the religious regard as we are Muslims. Rilwan’s mother is deeply concerned about not getting the chance to do that,” he said.

Increase in violent crime

Rilwan’s disappearance is the most crucial problem facing the Maldives now, he said and called on civil society organisations, political parties, media outlets, the  government, the justice sector and the whole state to put in a more concerted effort to find Rilwan.

“Abductions are on its way to becoming commonplace. Knife attacks are increasing day after day. Dr Afrasheem was murdered. Before that, Hilath Rasheed was attacked. We do not know the truth behind these and many other such attacks,” Nasheed continued.

Police failure to solve multiple cases of violent crime and murder leads to the perception that politicians are involved in violent crimes, Nasheed said.

“As I see it, the Maldives is getting a bad name in the international community due to such crimes, and it will affect the tourism sector in future. If we don’t take proper action immediately, our situation will drastically deteriorate in the coming days,” he said.

“None of us will cease our efforts to find Rilwan. And I personally will do all possible to assist their efforts,” he said.

Rilwan’s brother Moosa Rilwan said Nasheed’s visit had given the family additional strength.

“During his visit, President Nasheed spent a lot of time listening to the concerns that our parents have. His concerned has given us more strength. We are now even more determined to keep working until we get answers,” he told Minivan News.

Suvaalu March

Rilwan’s family and friends have announced plans to hold a “Suvaalu March” (Question March) on Friday, September 19, to call attention to police failure to answer key questions regarding Rilwan’s disappearance.

“We call on everyone to join us in our efforts. It is important for every individual in our society to stand up against the violence and injustice now rampant in our community,” Moosa Rilwan said.

Atleast 31 people have been killed in the Maldives since 2007. Three were killed in August alone.

Rilwan’s friend and member of the march organizing team, Yameen Rasheed, said the aim of the walk was to hold the police accountable over failures in the investigation.

“As citizens sharing this same community, we have to hold the state accountable,” Yameen said.

While the march focuses on shortcomings in the investigation to find Rilwan, it will also raise concern over increase in violent crimes in the Maldives and police’s failure to provide security for citizens, he added.

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Comment: Afrasheem, Rilwan, and the future of the Maldivian community

Writing in the 1970s, anthropologist Clarence Maloney remarked that religion in the Maldives was limited to “washing, fasting and praying”.

What he meant is similar to what MB Hooker observed in the Southeast Asian Muslim populations – Islam was characterised by “a ‘non-literally’ Muslim culture”, limited largely to practice without much theorisation and philosophising.

However, since the 1980s – and especially since the year 2000 – the most spectacular change in our culture has been the conscious appropriation and questioning of received religious doctrines and practices. Processes associated with modernisation and mass education have enabled this never-ending fragmentation of discourses, interpretations, and different visions at a larger scale.

This is what Eickelman and James Piscatori described as the “objectification of Muslim consciousness” that has now swept the whole Muslim world. Maldives is no exception to this.

Fragmentation

It was in this emerging context of fragmented religious discourses and different religious interpretations that the regime of President Maumoon Abdul Gayoom suppressed both those who embraced Salafi interpretations of Sharia and those drawn toward more pluralist Sharia.

It is in this context – now characterised by extreme political and social uncertainties – that one of the most prominent Maldivian religious scholars, Dr Afrasheem Ali, was murdered in October 2012. It was also in this same context that my friend, journalist, and human rights activist Ahmed Rilwan disappeared six weeks ago.

None of us yet knows the truth about those tragedies. But what we know is that both have significant religious context. Afrasheem had faced harassment and assault on several occasions because of his religious views. Similarly, Rilwan – once a Salafist – received threats because of his criticisms of certain understandings of Sharia.

More importantly, the murder and disappearance sends a chilling message to the rest of us – religious disagreements cannot be tolerated.

The fact of the matter is that, however small and homogenous, ours is now a society characterised by pluralism. We cannot wish away these disagreements on deep questions of what the good life is.

In need of a new moral order…

But ethical and religious disagreements do not mean there is no possibility of a moral order for collective life that we could come to agree upon.

Such a moral order must be based on political and moral principles that we all can – or should – value, i.e. liberty, equality, and peace. These are also among the higher values that Islam stands for.

In this moral order, there should be a maximum and genuine role for religion. It is not a secularist moral order where religion must be privatised, or religion is seen as something that will just disappear with the rise of ‘rationality,’ science, or modernisation.

In my view, both the Maldivian Democratic Party and the Dhivehi Rayyithunge Party/Progressive Party of Maldives have failed to articulate a vision of democracy that genuinely respects the place of religion in democracy.

Officials of both governments have characterised religious people as somehow irrational or pre-modern. Both governments have tried to control or co-opt religion in their instrumentalist and ideological narrowness.

A democracy based on such a moral order does not make a fetish out of ‘secularism’ or ‘separation of religion from the state’. Secularism is not about separation as such. It is about certain moral ends, including liberty and equality.

Sometimes separation and at other times accommodation will promote those values. There is no a priori fixed solution (such as “a wall of separation”) to the relationship of religion to the state in order to achieve those ends.

Context is everything. And contextual reasoning is the way forward.

Thus the moral order the Maldives need is not that of the mainstream secularism we find in France, Turkey, or sometimes even the US – where the value of religion and the rights of religious people are not fully recognised.

In this new moral order, religious parties and religious scholars must have an equal place in the public sphere as their secular counterparts. Laws and policies based on religious values must have a place too. How else could it be, unless we think we can simply separate our religious selves from our political selves?

Only a ‘thin’ liberal conception of citizenship based on a ‘thin’ understanding of epistemology would think moral truth is somehow ‘secular’.

…for a new imagined community

To be sure, in concrete terms, this moral order means freedom of religion cannot be denied – citizenship cannot be denied on religious grounds. How can anyone of us in all religious honesty deny this basic and God-given right?

Even Gayoom, who was the architect of the prevailing insular nation-identity based on ‘sattain satta muslim quam/100 per cent Muslim nation’ had to acknowledge that the denial of religious freedom in the Maldives was in spite of Islam:

The real essence of Islam…is that it is non-discriminatory. Its tolerance of other beliefs and religions is clearly established in the Holy Quran…

We Maldivians…hold freedom of belief as sacred and we abhor discrimination…on any grounds whether of creed, colour or race. It is only that we are such a homogenous…society based on one national identity…that we are convinced that the preservation of this oneness in faith and culture is essential for the unity, harmony, and progress of the country.

Gayoom, Address at the Opening Ceremony of the Seminar on ”The Calls for Islam in South and South East Asia’, 1983

In other words, a universal precept of Quran was overridden by his attempt at creating a homogenous ‘imagined community’. While this imagined community had been homogenous, the real community has undergone fragmentation of religious discourse.

As a result, the national self-understanding that Gayoom – still leader of the country’s ruling political party – created is now being subjected to vigorous contestation from all fronts – both religious and secular. That is why we are in need of a new moral order for a new imagined community.

Why Afrasheem and Rilwan matter

Perhaps one of the biggest immediate challenges for a new moral order in the Maldives is related to the tragedies of Afrasheem and Rilwan.

Besides our human concern for them, the need for a new moral order is the long-term reason why we all must be concerned to find truth about them. That is why everyone should be calling for greater accountability of the government in these cases.

That is why I support the #suvaalumarch taking place tomorrow afternoon (September 19) in Malé.

For the future of democratisation in the direction of this new moral order is contingent on seeking truth and justice for Afrasheem and Rilwan.

Azim Zahir is a PhD candidate at the Centre for Muslim States and Societies, University of Western Australia.

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Prosecutor General’s Office drops charges against CNM journalist Haseen

Additional reporting by Zaheena Rasheed

The Prosecutor General’s (PG) Office has dropped criminal charges against Channel News Maldives (CNM) senior journalist Abdulla Haseen for obstruction of police duty during an opposition street protest in July 2012.

PG Muthaz Mushin told CNM yesterday that the decision to withdraw the case was made as the PG Office had found that such a case had not been prosecuted in the past after considering the incident and prosecuting guidelines.

Speaking to Minivan News, Haseen said the Prosecutor General’s Office has not yet formally informed him of its decision to withdraw charges.


“These are false charges raised by the state against press freedom and an attempt to defame me. They have absolutely no evidence. Until the Criminal Court annuls its court summons for September 28, I will go.”

A second hearing of the case had been scheduled to take place on September 28. Haseen had been accused of shoving police barricades at the Chandanee Magu-Orchid Magu junction and using obscene language to address riot police officers during an MDP protest.

At the first hearing of the trial, he pleaded not guilty and noted that he had attended political rallies and street protests to cover them as a journalist.

Haseen expressed concern over a “prevailing climate of press intimidation,” noting an increase in threats against journalists by anonymous sources, politicians, religious radicals and gangs, and arbitrary arrests by the police.

The Maldives now ranks 108th place in the Reporters Without Borders (RSF) Press Freedom Index for 2014, marking a decline in press freedom for the third consecutive year.

Minivan News journalist Ahmed Rilwan disappeared on August 8 and is believed to have been abducted. Today marks the 41st day since his disappearance.

Earlier this month, the opposition Maldivian Democratic Party (MDP) called on the PG and the government to drop the charges against Haseen.

“We note with regret that this is the first criminal prosecution of a journalist since the adoption of a democratic constitution in 2008,” the main opposition party said.

The MDP expressed concern with the filing of charges over two years after the incident allegedly occurred, noting that obstructing police duty was the most common charge pressed by the state.

“And we note with concern that Abdulla Haseen is being prosecuted at a time when the media in the Maldives is facing serious challenges with journalists assaulted, television stations torched, death threats made against journalists, personal safety of journalists lost, and a journalist believed to have been abducted,” the opposition party said.

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Man found dead in Haa Alif Ihavandhoo

A 67-years-old man was found dead today on Ihavandhoo island in Haa Alif Atoll.

Abdullah Abubakr had been reported as missing yesterday evening (September 17).

Speaking to local news outlet Raajje.mv, Ihavanndhoo Atoll council member Abdullah Husain said that the man had been missing since 5pm yesterday.

“After an extensive search he was found inside a well at an abandoned house. He was already dead by the time we found him,” said Husain.

The man was found by his son at around 6:30am after a search coordinated by Ihavandoo police station and the island council.

Police said that they did not notice any physical harm to the body.

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High Court orders JSC to stop headhunt for High Court Judge

The Judicial Service Commission (JSC) has revealed that it has stopped its search for a High Court judge after receiving an order from High Court.

In an announcement released yesterday (August 17), the JSC said that it received the order on Monday (September 15) from the court instructing it to stop its headhunt until a decision is reached on the court case seeking the annulment of current selection regulations.

The final hearing of the case, submitted by lawyers Anas Abdusattar and Hassan Fiyaz, was completed on September 10. The lawyers claim that the regulations are in contradiction of Articles 17 and 20 of the Constitution.

Articles 17 and 20 concern non-discrimination and equality, respectively.

Nine people have applied for the post of High Court judge including judges from the Criminal Court, Family Court, and Civil Court.

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Potential of Islamic finance yet to be fully explored in Maldives, suggests MMA governor

The scope and potential of Islamic finance, insurance, and banking in the Maldives is “yet to be fully explored”, suggests Maldives Monetary Authority (MMA) Governor Dr Azeema Adam.

Speaking at the opening ceremony of the first ‘Maldives Islamic Banking and Finance Industry Conference’ yesterday, Dr Azeema said Islamic finance “provides a springboard” to generate innovative ideas to cater to the financing needs of the domestic economy.

“The phenomenal growth of Islamic insurance and Islamic banking in the Maldives in the last few years suggest that there is still significant market to capture,” the central bank’s governor said in her keynote address at the conference.

“There is a need for financial institutions in the Maldives to strive to reach to every corner of the Maldives; every island in the country. There is a need to provide banking services to the unbanked,” said Azeema.

Islamic banking and capital market services were introduced in the Maldives in 2011, with the opening of the Maldives Islamic Bank (MIB).

Providing banking services to all inhabited islands “might not always be profitable,” Azeema continued, requiring innovation within the Maldivian financial sector.

“Financial products in the Maldives need to transcend the oceans and reach each and every person in the country, including those in the most isolated and remote islands.”

To support the growth of Islamic finance, Azeema recommended development of a “comprehensive legal and regulatory framework specific to Islamic finance”.

The MMA has formed a ‘Shariah Advisory Council’ to ensure Shariah compliance, she continued, while legislation on Islamic banking and Takaful has been drafted.

The governor expressed hope that laws on the “two key components of Islamic finance” could be enacted before the end of the year.

“Viable alternative”

Under Islamic Shariah, any risk-free or guaranteed rate of return on a loan or investment is considered riba (usury or interest), which is prohibited in Islam.

Conventional insurance is also prohibited in Islam because of forbidden elements such as riba.

Azeema observed that from a modest beginning in the 1970s Islamic finance was now a global industry with a total asset value of US$2 trillion.

At its current pace, the growth in Islamic finance stands sharply ahead of conventional finance which experienced significant de-leveraging and slowdown in the wake of the global financial crisis,” she noted.

“One of the reasons for the phenomenal growth of Islamic finance is the perception that it is more ethical, compared to conventional finance, which is traditionally viewed as predatory when needed.”

While the industry represented a niche market for Muslims, Azeema said it has since “transformed to a viable alternative for consumers of convention finance, irrespective of their religious beliefs.”

“The basic tenets of Islamic finance, like the idea of sharing profits and losses, investments only in ethically permissible areas, and the inseparable link of finance with real and productive economic activities, are understandably appealing to all,” she explained.

“It is this humane face that is required to encourage and reward those Maldivians who work hard. The individual and self-employed entrepreneurs who needs a financier to realise their dreams; the creative youth who need a bank to fund their ideas; the small and medium enterprises who need access to easy financing; and the large enterprises who need a wide range of investment and financial products.”

In addition to its ability to cater to the diverse groups in the Maldivian economy, Adam suggested Islamic finance could “bring about a more equitable society; a responsible and hardworking society; a society where individual creativity and free enterprise thrive.”

“Long journey”

The governor suggested that competition among financial products could help correct “market failures” and was welcome in the Maldives.

Islamic finance could also be “a reliable alternative source of funding” for investors, she added.

The introduction of Islamic finance has been “a long journey,” Azeema said.

While Amana Takaful started selling insurance in 2003, the Maldives Islamic Bank commenced operations in March 2011.

“The strong mobilisation of deposits that followed the commencement of MIB confirmed the latent demand for Islamic finance and the need for an institution offering Islamic financial services,” she observed.

Since 2011, she noted, housing finance based on Shariah principles have been made available while Allied Insurance was offering takaful products through their window named Ayady Takaful.

The Bank of Maldives has meanwhile been given approval to establish an Islamic banking window, she added.

“The development of an Islamic Capital Market has also been initiated with one listed Shari’ah compliant equity,” she said.

In March, Deputy Islamic Minister Dr Aishath Muneeza said that, in addition to the introduction of Islamic fund management this year, the government planned to “introduce an Islamic finance centre that will not only provide offshore Islamic financial services, but this centre will act as the Islamic finance hub for the whole South Asia region.”

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Malé City Council holds first public consultation

Malé City Council held a meeting with the general public last night (September 17) to discuss its progress over the last six months.

The meeting, which was the first of its kind, consisted of a presentation from the council detailing the many projects undertaken followed by a general question and answer session during which the public was allowed to raise any concerns they had about the council and to voice their opinion on different issues.

Speaking at the meeting, Mayor Mohamed Shihab said that the main difficulty faced by the council at the moment is obtaining the resources required to manage the rapidly expanding city.

“The official population of this city is sixty thousand. With the census happening next week we will be able to get the new figure which is estimated to be around two hundred thousand.”

The meeting concluded with the council promising to hold many meetings of the like in the future.

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Fisheries minister urges others to follow Maldives in banning shark fishing

Fisheries Minister Dr Mohamed Shainee has urged participants of a one-day international workshop on ‘Conservation and Management of Shark Fisheries in Pakistan’ to follow in the footsteps of the Maldives and ban shark fishing.

Shainee inaugurated the conference at the Marriot Hotel in Karachi on Monday (September 15), which was organised by the World Wide Fund for Nature-Pakistan (WWF-Pakistan) in collaboration with the Marine Fisheries Department of Pakistan.

“Shark fishing is completely banned in the Maldives in order to recover the declining population of sharks due to uncontrolled fishing methods,” Shainee was quoted as saying by the Express Tribune.

Shainee reportedly advised formulation of a ‘National Plan of Action’ regarding conservation and management of sharks in Pakistan.

According to Muhammad Moazzam Khan – former director-general of Marine Fisheries Department and WWF-Pakistan technical advisor – export of shark fins and meat from Pakistan declined from 50,000 tonnes in 1980 to 5,000 tonnes at present due to the decrease in shark population.

“Khan said that there are 144 shark species in Pakistan, adding that a few of them are endemic but their status is unknown. He said that the biology of about 35 species is regularly studied and there is an immediate need to declare at least some of the area as a shark sanctuary along the coast,” the Tribune reported.

“Hussain Sinan, of the Maldives Fisheries and Agriculture Ministry, discussed the ban on shark fishing in the Maldives and its impact on tourism. He claimed that shark population is increasing due to the ban in his country, adding that the same needs to be done in Pakistan.”

In 2012, the Maldives government assisted in a programme designed to retrain former shark fishermen in marine farming and aquaculture.

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