Month: September 2014

Agreement with UNOPS for supply of medicine terminated

An agreement signed between the government and the United Nations Office for Project Services (UNOPS) in April last year to supply medicine and equipment to government hospitals and health centres has been terminated.

In a press release yesterday, UNOPS that the MVR67 million (US$4,370,544) agreement was canceled with mutual consent following discussions. The State Trading Organisation (STO) is reportedly set to take over procurements for the health sector.

Under the agreement, UNOPS said more than 200 pieces of equipment were provided to health centres and hospitals in 20 regions. While 146 types of pharmaceuticals were stored in warehouses when the agreement came into force, UNOPS said the figure has risen to 782 at present.

Medical supplies worth MVR37 million (US$2.3 million) had been provided under the agreement, the press release added.

The initial agreement with UNOPS had been modified following instructions by the Anti-Corruption Commission, which investigated complaints alleging violations of public finance regulations.

“Getting pharmaceuticals and equipment through a UN-agency like UNOPS will ensure quality, as they only buy high-quality, best-value goods from suppliers that meet their standards,” Health Ministry Director General Dr Sheeza Ali had told local media in May last year.

“An analysis we did before signing the agreement showed that the cost of obtaining pharmaceuticals and other equipment would decrease by 20-30 percent.”

The two year contract, signed on April 15, 2013, required the Maldives’ government to pay the UN agency on a twice yearly basis.

Meanwhile, former Health Minister Dr Mariyam Shakeela alleged last week that she was ousted in order to clear the way for corruption within the health sector.

Shakeela told newspaper Haveeru that political opponents intended to utilise the position to benefit from large scale corruption in the health sector.

“I am not talking about small amounts [of money]. For example, because of the state of disrepair of infrastructure, about MVR500,000 has to be spent at least to build even one place. In most places, it goes above a million,” she explained.

“So consider the profit people could make. They could give it to whoever they want. They could do whatever they want to purchase equipment. I tried to do it without allowing any of that.”

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Chinese Presidents departs after historic visit

Chinese President Xi Jinpeng has departed from the Maldives this morning after concluding a historic first ever visit to the Maldives by a Chinese President.

China and Maldives signed eight different MoUs during Xi’s one day visit, most notably the agreements on the development of Ibrahim International Airport (INIA) and promoting the construction of the Malé-Hulhulé Bridge.

Maldives also agreed to actively take part in the 21st century maritime silk road linking china to the east coast of Africa and to the Mediterranean further strengthening the diplomatic ties with the Chinese Government.

Other agreements include a Chinese funded and implemented Hulhumale housing project and a 15.1 kilometer link road in southern Laamu Atoll.

President Xi said he would encourage Chinese investment and promised financial support for further projects in the Maldives. He also encouraged more Maldivians to visit China and said that the two governments should encourage travel exchanges.

Xi is due to visit Sri Lanka today and India tomorrow as part of his South Asia tour.

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Health sector unprepared for potential HIV outbreak, warns HRCM

The health sector is unprepared for a potential outbreak of HIV in the Maldives in the absence of prevention programmes and specialised care for population groups at risk, the Human Rights Commission of Maldives (HRCM) has warned.

“[The Health Protection Agency] mandated with HIV/AIDS prevention/control is not adequately funded and lacks capacity to lay down such a system,” reads the HRCM’s submission for the UN Human Rights Council’s Universal Periodic Review.

“There are no prevention services for high risk groups, increasing the risk of spreading HIV. High risk factors including sharing of needles to inject drugs, high sexual activity among adolescents and youth could contribute to an increased prevalence of HIV/AIDS. It is alarming that there is no screening system for HIV/AIDS and STI in the prison system; considering some of the identified HIV patients go in and out of prison as repeated offenders.”

In May, the health ministry issued new guidelines on preventing the transfer of HIV from mother to child while the Health Protection Agency warned of an HIV “time bomb.”

A series of protests over regional healthcare services occurred earlier this year after it was revealed that the state-run Indira Gandhi Memorial Hospital (IGMH) had transfused HIV positive blood to a patient in February due to an alleged technical error.

The HRCM report also noted that health services were “not easily accessible and available in atolls and lack healthcare professionals such as gynaecologists and paediatricians.”

“Public has no trust in the healthcare system due to many avoidable health incidents and sensitive medical information of patients being leaked,” the report stated.

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HRCM raises concern over growing religious conservatism in Universal Period Review

The Human Rights Commission of Maldives (HRCM) has submitted its Universal Period Review (UPR) report to the United Nations Human Rights Council (UNHRC), raising concerns over a growing tide of religious conservatism.

“There are roughly 400 children being withheld from attending school by their parents due to religious beliefs,” revealed the report made public yesterday, referring to an estimate from the education ministry in a 2011 assessment by the HRCM on child participation.

In a section titled ‘religious extremist ideologies,’ the HRCM referred to “reports of unregistered marriages encouraged by some religious scholars claiming that registering marriages with the courts are un‐Islamic and unnecessary.”

“State institutions acknowledge this information and raised concerns that children born to such marriages could face serious legal issues. Similarly women in such marriages are bound to face social and legal consequences,” the report stated.

“Conservative beliefs that promote women as inferior to men are being spread at an alarming level. Many women believe that their role in society is to be submissive wives and in raising children.”

In addition to outlining 18 thematic areas, the report provides updates on implementation of recommendations of the first UPR review in 2010, the HRCM noted.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs and human rights commissions. The Maldives’ review is scheduled to take place in April or May 2015.

Conservatism

“Increase in religious conservatism, cultural norms and stereotypical roles depicted by society inhibit women’s equitable participation in public life,” reads the section on women’s rights.

“Women remain under represented in all branches of the state and efforts to secure legislative quotas remain unsuccessful.”

The enforcement of the anti-Domestic Violence (DV) Act was meanwhile hampered by absence of procedures, inconsistencies in application by institutions, and “lack of sensitivity among law enforcement and judiciary”.

The police also failed to meet a legislative deadline on submitting a report to the family protection agency (FPA), the report noted.

“Limited capacity of investigators and their belief that such cases are family matters inhibit victims from getting redress,” it continued.

“FPA with a mandate to combat DV is not provided with necessary financial and human resources. Reporting of DV cases remain low as a result of lack of confidence in the system, fear of intimidation by perpetrators, stigmatisation and inadequate information on protection measures. There is no proper reintegration mechanism.”

Despite reports to the contrary from the state for the mid-term assessment of implementation of UPR recommendations, the HRCM said there were “no strict punishments to perpetrators of DV”.

The report observed that children born out of wedlock faced discrimination.

“Paternity testing is not admissible evidence in court and such a child would be denied father’s name, inheritance and child maintenance,” it stated.

While most reported cases of child abuse did not result in convictions, victims often “remain re‐victimized due to systemic failures” including “delays in obtaining evidence and overly strict evidentiary requirements.”

“The legal age of consent, along with societal attitudes to treat child abuse as private matter or to force child abuse victim to deny testimony in court to protect family honour as perpetrator is usually a family member providing financial support are factors that cannot be disregarded,” it explained.

“Moreover, state has fallen short to publish child sexual offender‘s registry. Additionally, overall functioning of victim support system is effected due to a weak child protection system that is under resourced, with inconsistencies in capacity and coordination.”

The report also noted that child marriages were registered in some cases as “the Family Act allows marriage of minors under specific conditions.”

Children were also “involved in commercial sex work,” the report noted.

“Many children migrate to Malé from atolls for education, remain vulnerable to domestic servitude and sexual harassment by host families,” the report stated.

Civil and political rights

The report noted the absence of laws to guarantee freedom of expression despite its assurance in the Constitution.

“Parliament Privileges Act can be used to force journalist to reveal their source, which could undermine the constitutional protection that journalists currently enjoy,” the report observed.

“There have been many reports of death threats to media persons and parliament members. State is yet to take realistic action to address these threats. The recent disappearance of Ahmed Rizwan Abdullah, a journalist and human rights advocate is of critical concern.”

The HRCM also raised concerns regarding the Freedom of Assembly Act, including “provisions of geographical limitations, lack of guidance on control of counter assemblies and requirement to accredit reporters.”

Human rights NGOs have faced intimidation from the state, it continued, while worker’s association perform the role of trade unions.

“Union members face numerous difficulties in exercising collective bargaining, tripartite consultations and work stoppage, as proper legal mechanism is not in place for dispute resolution,” the report stated.

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Victim of Hulhumale’ accident flown abroad for medical treatment

The 15 year old male victim of a hit and run accident in Hulhumale’ last Thursday has been flown to Sri Lanka for further medical treatment.

The victim was a passenger on one of the two motorcycles that collided during the accident.

Local media reports that the victim was in critical condition even when flown to Sri Lanka, and that he was suffering from major head injuries.

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Three Bangladeshis charged in first criminal prosecution for human trafficking

Three Bangladeshi men are on trial at the Criminal Court in the first criminal prosecution for human trafficking in the Maldives since the enactment of Anti-Human Trafficking Act in December.

The three Bangladeshi nationals identified by the court as Baadshah, Abdul Malak and M D Saim Mohla are accused of trafficking a Bangladeshi woman who arrived in the Maldives in December to work as a house maid.

The three defendants could face 10 years in jail if they are convicted.

M D Saim Mohla is also facing charges of possession of pornographic material, which were found on his phone when he was arrested.

In June, the Maldives was removed from the US State Department’s tier two watch list for human trafficking following the passage of the legislation last year.

In a report submitted to the UN Human Rights Council and made public yesterday, the Human Rights Commission of Maldives (HRCM) recommended “concerted efforts” to enforce the law.

“There are countless reports of exploitation of migrant workers through fraudulent recruitment practices by their agents, withholding of wages and confiscation of passports,” the report stated.

“Shelters to accommodate trafficking victims and support services are not operational. Lack of resources and capacity appear to be a challenge faced by authorities in establishment of institutional mechanisms and to implement the Anti‐Human Trafficking Act. Thus efforts to facilitate redress to victims remain disproportionate to a deteriorating situation.”

In a section on migrant workers, the HRCM noted that expatriate workers were often subjected to “inhumane conditions like being accommodated in overcrowded places which lack proper ventilation, adequate sanitary facilities and limited accessibility to water.”

“Maltreatment and negative attitudes towards migrant workers are a concern. Accessing services from [Labour Relations Authority] is a challenge for migrant workers based at atolls due to transportation difficulties as many remain reluctant to seek assistance for fear of deportation due to undocumented status.”

The HRCM also recommended ratification of the International Convention on Migrant Workers.

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Supreme Court controls the judiciary, says HRCM report to United Nations

The Maldivian judiciary is controlled and influenced by the Supreme Court to the detriment of superior and lower courts, states the Human Rights Commission of Maldives’ (HRCM) report to the United Nation’s Human Rights Council’s Universal Period Review (UPR).

“Judicial system is controlled and influenced by the Supreme Court, weakening judicial powers vested in other superior courts and lower courts,” the HRCM contended.

“Supreme Court issued a circular ordering all state institutions not to communicate to individual courts regarding any information relating to the judiciary except through the Supreme Court. HRCM is facing difficulties in gathering information related to judiciary due to lack of cooperation.”

The UPR studies the human rights records of all 193 UN member states, aiming to prompt, support, and expand the protection of human rights. After having been reviewed first in 2010, the Maldives will again undergo inspection in 2015.

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 new regulations require Supreme Court approval for judges seeking transfer to a different court and the court’s permission for judges and judicial employees to attend overseas workshops, seminars, conferences, or training programmes.

In May, the Supreme Court enacted new rules stipulating that the Department of Judicial Administration (DJA) – tasked with management of the courts and public relations as well as providing facilities, training, archiving systems and security for judges – will function in accordance with policies set by the apex court bench and under the direct supervision of a designated justice.

Former Judicial Service Commission (JSC) member Aishath Velezinee told Minivan News at the time “the appointment of a Supreme Court judge to [oversee] the DJA is tantamount to control of the courts.”

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, wrote that centralising administrative decisions in the hands of the Supreme Court “has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes.”

She also referred to “several complaints about internal tensions in the judiciary, where lower courts are left with the feeling that the Supreme Court only works for its own interests, without taking into account the situation of other judges and magistrates.”

Access to justice

In the ‘access to justice’ section of its report, the HRCM noted that the enforcement of a new penal code would be “a positive development towards a better legislative framework.”

“However, 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,” the report observed.

“State responded to UN Special Rapporteur on the Independence of Judges and Lawyers as trying to undermine the country’s court system. [International Commission of Jurists] has issued a number of recommendations to build competency of judiciary with no progressive action by the state,” it continued.

“According to [Transparency Maldives], majority of public lack confidence in the court system. Majority of cases, both criminal and civil, often get delayed for more than a year, and is prosecuted in the capital which forces plaintiffs and defendants from atolls to travel to and stay in capital, which is costly.”

The HRCM recommended implementation of recommendations by both the Special Rapporteur and the ICJ as well as codification and harmonisation of Shariah law and common law in accordance with the Constitution.

“Enact important laws leaving no room for inconsistencies in judicial decision making,” read the recommendations.

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Police unable to find evidence connecting Rilwan’s disappearance with Hulhumalé abduction

Additional reporting by Ahmed Naish and Mariyath Mohamed

Police have revealed they find no “concrete evidence” to connect the August 8 disappearance of Minivan News journalist Ahmed Rilwan Abdulla with a reported abduction on the same evening.

“The police investigation has not found any concrete evidence so far of a connection between Ahmed Rilwan Abdulla’s disappearance and the incident that occurred near his flat in Hulhumale’ on the night of 7 August 2014,” read a statement released today.

Neighbours of Rilwan reported seeing a man fitting his description being pushed into a vehicle outside of his apartment at around 2am. A knife is believed to have been recovered from the scene of the crime.

Police have today said the ongoing investigations have failed to confirm that anyone saw or spoke to Rilwan after midnight.

A witness who claimed to have sat next to the missing journalist on the 1am ferry has explained to Minivan News that the police’s reluctance to place Rilwan in Hulhumalé is a result of his inability to confirm whether Rilwan exited the ferry.

The Malé-Hulhumalé ferry terminates in Hulhumalé. The Hulhumalé terminal had no CCTV in operation at the time in question.

Minivan News has spoken to the witness on a number of occasions, and he has clearly identified himself on the CCTV footage.

Additionally, the witness was able to confirm the clothes Rilwan was wearing at a time when the last people to see Rilwan in Malé on August 7 had mistakenly recalled him wearing a turquoise shirt.

Police have today said that other people appearing on the ferry terminal footage that evening are among the 128 persons questioned as part of the investigation.

Today’s statement is the first official update on the investigation since September 4.

Rilwan’s family, meanwhile, has again expressed dissatisfaction with the progress shown in the police investigation into the matter.

“There is nothing new in that statement. It’s just the old story. I believe MPS has either no leads or they are trying to cover up the story,” said the missing journalist’s brother Moosa Rilwan.

“Either way, we see their incompetence and irresponsibility to do the job they are paid to do by the public,” he added.

Today’s statement showed that the area of ocean searched by divers remains unchanged since the previous statement, at 267,197.5 square meters. Similarly, the number of locations searched in Hulhumalé remains at 139.

Police stated that they have interviewed an additional 69 persons, and interrogated 17 more individuals. They also claim to have interviewed 197 neighbours of Rilwan who live in the apartments surrounding his residence.

Between September 4 and 16, police have also searched an additional 66 vessels docked in and around Hulhumalé while one more residence in capital Male’ City has also been searched in the past 12 days.

Police further said that they are also conducting searches in a number of residences and guesthouses located in other islands, which they have not named in the statement.

According to the press release, CCTV footage has been retrieved from an additional 31 locations. Police are currently analysing a total of 1,235 hours of CCTV footage retrieved from 157 cameras.

Police concluded the statement with an appeal to the public to contact them if they have  any information about the case, or if they had seen Rilwan at the Hulhumalé ferry terminal or on the island itself on the night of the disappearance.

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Government sends defrauded pilgrims to Mecca

The government has sent the 121 victims of the al-Fatuh Hajj and Umra group frauds on the Hajj pilgrimage under the care of the Hajj Corporation.

According to local media, the people sent today were those who had paid al-Fatuh and obtained their visas before the company pleaded bankruptcy to the Islamic Ministry explaining that it would not be able send the pilgrims to Saudi Arabia.

Haveeru reported that the government has spent MVR9 million (US$584,036) to cover the expenses of the defrauded pilgrims.

At a press conference on Friday, Islamic Minister Dr Mohamed Shaheem Ali Saeed said that the government was covering the expenses of the victims because the Saudi Arabian Government might reduce the quota to the Maldivians if the full quota is not fulfilled.

The 1000 pilgrims quota provided by the Saudi Arabian Government is split into two, with 500 reserved for the Hajj Corporation and the rest divided into private corporations chosen after a bidding process.

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