September 2014 – Page 6 – Minivan News

Supreme Court initiates suo moto proceedings against Human Rights Commission

The Supreme Court has initiated suo moto proceedings again the Human Rights Commission of Maldives in relation to a report submitted to the UN Human Rights Council (HRC) last week.

All five commission members were called to the court this afternoon before being handed a summons for a hearing on Wednesday (September 24).

HRCM members have told Minivan News today that they face numerous charges, though lawyers have advised them not to give further details at this point.

The commission’s report – submitted as part of the UN Universal Periodic Review – criticised the court’s growing powers, suggesting that control of the judiciary by the Supreme Court was damaging the lower courts.

“[D]ue to shortfalls in judicial system, functioning of the judiciary is often questionable on various grounds including independence, transparency, interference, influence, competency, consistency, and accessibility,” read the report.

The Supreme Court’s use of suo moto proceedings – which allow the court to initiate hearings and act as both plaintiff and judge – mirrors proceedings use against the Elections Commission (EC) earlier this year.

EC President Fuwad Thowfeek and Vice President Ahmed Fayaz were charged with contempt of court and disobedience to order as a result of testimony given in the People’s Majlis independent commissions oversight committee.

The unprecedented suo moto procedures were used to remove both Thowfeek and Fayaz from their posts just weeks before the Majlis elections in March, with both given 6 month suspended sentences.

Subsequent 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.

United Nations

The 2006 Human Right Commission Act lists the promotion and protection of human rights in accordance with international conventions along with the assistance and support of relevant NGOs as basic objectives of the commission.

Additionally, Article 27 of the HRCM Act grant members immunity from prosecution in relation to acts carried out as part of the commission’s duties.

Article 27 (b) meanwhile says that a case can only be filed against the commission regarding published reports following an inquiry which proves components of the report to have been false.

UN bodies have been amongst those most critical of the Maldivian justice system in recent months, with a report into the judiciary by a UN Special Rapporteur last year making particular note of the centralised administration and the failure to address human rights violations.

The report was subsequently described by the Maldives representative to the UNHRC as undermining the sovereignty of the country.

Criticism of the Supreme Court’s role in the electoral process by United Nations High Commissioner for Human Rights Navi Pillay last October was subsequently described as “ill-informed” and “irresponsible” by former President Dr Mohamed Waheed.

Waheed is amongst the delegates representing the Maldives at the 69th session of the UN General Assembly, along with Foreign Minister Dunya Maumoon.

Earlier this week, on the occasion of the Maldives’ 49th year of UN membership, Dunya praised the organisation as “the only forum where every nation in the world, big or small, has an equal say”.

The UNHCR’s periodic review 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.

Speaking to Minivan News last week after receiving her summons for today’s hearing, HRCM member Jeehan Mahmood defended the UPR report.

“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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HRCM responds to criticism from the education ministry over UN submission

The Human Rights Commission of the Maldives (HRCM) has responded to criticism from the Ministry of Education regarding the Universal Periodic Review (UPR) report submitted to the UN Human Rights Council.

In a press statement released yesterday (September 21), HRCM denied the accusations made by the Education Ministry that the section on education had been based on an outdated 2008 UNESCO report, saying it had used a joint unpublished report by UNICEF and the Ministry of Gender and Family from 2009.

The Supreme Court has today initiated suo moto proceedings against HRCM members in relation to the document, while the President’s Office has this week suggested that some phrasing regarding the death penalty is misleading.

The HRCM said that the education ministry had been given the opportunity to comment on the draft of the UPR report but failed to make any recommendations.

“A draft of the report was sent to the high ranking officials of the education ministry on August 31 to comment on it. However, we did not receive any inquiries from the ministry on the validity of the data in the report nor did we receive any criticism of the report,” said HRCM.

The ministry has claimed, however, that the commission had chosen not to include information it sent in the report.

The UPR report states that, even though “corporal punishment is prohibited in schools, 8 percent of the students attending secondary schools have experienced violence perpetrated by teachers”.

The Ministry of Education argued that the statement was outdated and that no study had been done during the last six years to identify the changes in the education system.

In yesterday’s statement, the HRCM countered the argument by saying that the UPR is intended to evaluate the situation over the last four years and said that there are numerous studies which would validate the statement including the conclusions sent by international conventions.

The dispute over the report’s content comes at a time of an ongoing investigation by the education ministry and the Maldives Police Service into an alleged bullying case by a teacher at Imaaduhdheen School.

In the report, the HRCM also urged the government to pass the Education Act and to make concrete efforts to eradicate the disparities in the availability of educational services.

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Former President Waheed Departs for UN General Assembly to New York

Former President Dr Mohamed Waheed Hassan departs for New York today to represent Maldives at the UN General Assembly.

Speaking to Haveeru, President’s Office spokesperson Ibrahim Muaz said that Waheed would be addressing the assembly on behalf of his successor President Abdulla Yameen.

“Waheed will be speaking on the 30^th of this month and in his talk he would highlight some of the government’s policies and concerns,” said Muaz.

Accompanying Waheed will be a special envoy consisting of high government officials including Foreign Minister Dunya Maumoon.

President Yameen was not able to take part in the General Assembly because he is due to leave for the Hajj pilgrimage on the 25^th of this month.

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Maldives Democracy Network to release findings of investigation into Rilwan’s disappearance

Human rights advocacy group Maldives Democracy Network (MDN) is to release the findings of an investigation into missing Minivan News journalist Ahmed Rilwan tomorrow.

Rilwan – missing for 44 days – is believed to have been abducted from outside his apartment at knifepoint and pushed into a red car at approximately 2am on August 8.

“We are very concerned about Ahmed Rilwan’s disappearance on August 8, 2014. Hence, we decided to look into Rilwan’s disappearance and have commissioned a foreign expert to conduct an independent investigation,” MDN said in a statement today.

MDN will release the findings of the report during a press conference at 2:30pm tomorrow.

The Maldives Police Services have been criticised by numerous groups during the course of their investigation for the lack of progress and poor communication with those close to the case.

On September 16, the police said they had found “no concrete evidence” to link Rilwan’s disappearance with the abduction outside his apartment in Hulhumalé.

Eyewitnesses told Minivan News they had reported the incident to the police and that officers had recovered a knife from the scene. The passports of four individuals have been held in relation to the case.

Hundreds of people marched on Malé streets last Friday evening (September 19) calling on the Maldives Police Services to answer questions regarding Rilwan’s abduction.

Members of the Human Rights Commission of the Maldives (HRCM), civil society organisations, journalists, and opposition Maldivian Democratic Party members joined the ‘Suvaalu March’ (Question March). The march across the capital was led by Rilwan’s family, friends, and colleagues.

Demonstrators carried boards addressing the police and asking ‘What happened to Rilwan?’ ‘Where is the red car?’, ‘Where is the knife?’, ‘Why are you diverting the investigation from Hulhumalé?’, and ‘Who are you afraid of?’

The march ended with a prayer at Artificial Beach.

Minivan News Deputy Editor Zaheena Rasheed said the police must answer questions regarding Rilwan’s disappearance or disappearances may become the norm in the Maldives.

Rilwan’s brother Moosa Rilwan noted an increase in violent crime in the Maldives with 31 people killed since 2007.

“Pepetrators have been brought to justice only in a handful of cases. Police failure to conduct a thorough investigation has led to increase in knifings. We must hold the police accountable in Rilwan’s case and we must find him,” he said.

“We are extremely concerned over the slow progress in investigation and call on the authorities to take this case seriously.”

In response, Commissioner of Police Hussein Waheed said he would not release any information that may impede police investigations regardless of demonstrations.

Speaking at the Haa Dhaal Hanimaadhoo Island police station today, Waheed said that revealing information midway through the investigation may affect society and harm certain people.

However, Moosa Rilwan said police should be able to tell the family by now what line of investigation they are pursuing.

“I believe they must have enough information to tell us if he was abducted, disappeared, or has gone into hiding,” he said.

Rilwan’s family met with the HRCM and Police Integrity Commission last week to share concerns over the police’s handling of the investigation, requesting the two commissions pressure the police for a thorough and speedy investigation.

Several international organisations, including Office of the Human Rights Commissioner, Reporters Without Borders, and the Committee to Protect Journalists, have called on the Maldives’ authorities to expedite investigations.

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Housing ministry gives unlimited tokens for apartment submissions

The housing ministry has begun giving out unlimited tokens for the submission of applications to apply for the 1500 flats being built at Hulhumalé.

Unlimited tokens are being handed out after a number of complaints from people queuing from early this morning who fell foul of the previous 175 token limit per day.

People have been queuing as early as midnight in the hope of being able to submit apartment forms the following day.

The decision by the housing ministry is expected to improve the application process, although there are a numerous administrative issues expected to complicate proceedings.

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Teachers’ Black Sunday protest prompts government talks, strike decision pending

Additional reporting by Zaheena Rasheed

The Teachers Association of Maldives (TAM) has completed a timeline with the government to meet the demands of teachers, ahead of a proposed strike this Tuesday

“The government’s decision to sit for talks and compile a timeline is a sign President Yameen himself attended to the teacher’s demands,” TAM President Athif Abdul Hakeem told Minivan News today.

“I am happy. We now have a way forward,” he added following association members again donning black today in what is being termed ‘Black Sunday’.

The Ministry of Education had earlier appeared unwilling to give in to teachers’ demands for higher pay and reform, while the Labor Relations Authority reportedly labelled the proposed strike as ‘not peaceful’.

“We will not increase salaries on request from certain groups. We are working on it not because teachers had demanded so. But teachers do request that it be expedited,” State Minister for Education Adam Shareef told local media.

TAM will now hold consultations with their committee and focal points in the atolls, Athif explained, before holding a meeting tomorrow night to decide whether they will continue or call off the strike.

A statement from the Civil Service Commission (CSC) noted that government was treating the potential strike as illegal.

“This commission has received information that the Labor Relations Authority has decided it cannot deem the strike planned by the Teacher’s Association of Maldives as one that is peaceful and within the parameters of laws and regulations,” said the government workers’ organisation

Black Sunday

Around ninety percent of teachers were reported to have demonstrated again today by wearing black to work after TAM members had pledged late last week to strike on September 23 should the longstanding grievances not be addressed.

A number of issues – which include revised pay, protection of teachers and students, and official recognition of TAM – have been raised repeatedly with the ministry claims the association, and are now said to be part of the agreed timeline.

Minister Shareef today acknowledged that poor communication was to blame for the current situation, but said he expected teachers to attend classes on Tuesday as discussions continued.

“O’ Level exams are to start soon. Parents and students are preparing for it. It will create huge concern if teachers decide to stop work during such a critical time,” he added.

The CSC noted today that the Constitution allowed for work stoppages as a form of protest, but that procedures outlined in the regulations on resolution of conflicts between employers and employees must be followed.

Speaking at a TAM meeting on Thursday evening, association president Athif pledged to strike indefinitely should the government not make adequate use of the talks.

“Once we strike, there is no turning back. The options are death or success. God willing, we will only stop once we have achieved success,” said Athif.

Opposition support

The opposition Maldivian Democratic Party (MDP) has announced its support for the strikes should discussions with the government fail.

MDP Chairperson Ali Waheed told media today that, although the party did not want to see strikes, it would back a teacher strike should talks again prove fruitless.

“MDP very much wants for government to listen to their concerns and solve the issues through discussions, before this reaches a whole different level. MDP will stand behind all such protests,” said Waheed at a press conference today.

Meanwhile, MDP Parliamentary Group Deputy Leader and former teacher Rozaina Adam also announced her support for the proposed strikes.

“They have been asking for this raise from Maumoon’s administration, through Nasheed’s and Waheed’s administration and now into Yameen’s administration. It is with great sadness that we have to note that everyone has turned on a deaf ear to their pleas,” wrote Rozaina on her personal blog.

The Addu-Meedhoo MP expressed concern at the falling standards of the sector, noting that poor pay and working conditions were forcing good teachers away from the profession.

“I call upon the government as an MP, a parent and as a person who worked in the teaching profession, to hear out the teachers’ demands and find solutions for their problems,” said Rozaina

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Maldives’ UN journey proof small states can contribute to international community: Foreign minister

Minister of Foreign Affairs Dunya Maumoon has told the UN General Assembly that the Maldives journey with the body is proof small states can contribute to the international community.

“The story of the Maldives, is the story of all small states at the United Nations. The Maldives journey at the UN, is proof that with smart ideas, small states can successfully contribute and become significant members of the international community,” said Dunya on the anniversary of the Maldives’ membership.

A press release from the foreign ministry has today described the UN as a “trusted partner and a staunch advocate” of the Maldives during the past half century.

Dunya’s comments were in stark contrast to the previous two appearances by the country’s leaders at the UNGA in New York, during which the Maldives was critical of perceived attempts by the organisation to interfere in the state’s sovereign affairs.

Speaking at the 69th session of the UNGA this week, Dunya noted that the Maldives was the first so-called ‘micro-state’ to seek entry to the UN, and has since been at the forefront of the small state issues, holding the first ever conference of small states 25-years ago and forming the first alliance of small nations.

During its 49 years as a member of the UN, the Maldives has worked to establish recognised links between climate change and human rights, explained a foreign ministry statement today.

Speaking at the 3rd International Conference on Small Island Developing States (SIDS) in Samoa last week, former President Maumoon Abdul Gayoom – father of the foreign minister – called upon larger nations not to stand in the way of small island leadership on climate change.

“SIDS are ready to lead. Don’t stand in our way,” said Maumoon, representing the Maldives as a special envoy at the conference.

The foreign ministrya also noted that, following the difficult transition from less developed to middle income status nation in 2011, the Maldives has “raised concerns about the criteria used for graduation by the UN as negatively impacting Small Island Developing States”.

The graduation from less developed status was recently described by President Abdulla Yameen as coming with “enormous challenges and hardships.”

As the country’s graduated to middle income status in 2011 – forfeiting access to concessional credit, certain trade concessions, and some foreign aid – Maldivian representatives to the World Trade Organisation accused the UN of ignoring the country’s vulnerabilities.

At the 67th session of the UNGA in 2012, President Dr Mohamed Waheed argued that “small justice is being served for a small state” following the international response to his controversial ascent to the presidency that year.

The following year, it was Dunya’s predecessor Dr Mariyam Shakeela who attacked the UN for what she suggested had been attempts to interfere in the internal affairs of the Maldives following the UN’s concern at repeated delays of the 2013 presidential election.

Criticism of the Supreme Court’s role in the electoral process by United Nations High Commissioner for Human Rights Navi Pillay was subsequently described as “ill-informed” and “irresponsible” by Waheed, while a report into the judiciary by a UN Special Rapporteur in the same year was described by the Maldives as undermining the government.

The Ministry of Foreign Affairs’ statement today reiterated, however, the country’s belief that the UN remained the most legitimate forum for globally significant issues.

“It remains the only forum where every nation in the world, big or small, has an equal say,” the statement read.

“Forty nine years ago, the Maldives affirmed our faith in the United Nations; as a shining example of equality, hope and peace, and joined the community of nations to ultimately achieve freedom from want, and freedom from fear. The Maldives will continue on its journey at the UN, providing smart ideas, offering solutions to all issues of global interest.”

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Asian Games 2014 kicks off with the biggest ever Maldivian team

The largest sporting event in Asia, the Incheon Asian Games 2014, has officially kicked off with 13,000 athletes from 45 Asian nationalities participating in 42 different sports.

The event officially started on the Friday (September 19) with a lively opening ceremony featuring a large fireworks display, 10,000 athletes from 45 nations and a performance by South Korean superstar PSY.

The Maldives team, with a contingent of more than 200 competing in six disciplines, is the biggest ever Maldivian group to represent the country at an international event.

The Maldivian flag bearer for the ceremony was Ismail Sajid, one of the key members of the volleyball team.

The six disciplines in which the Maldives team is competing are badminton, athletics, swimming, beach volleyball, football and – for the first time – a women’s handball team is representing the Maldives.

The Maldivian government reportedly gave the contingent a sum of MVR3.8 million (US$247,074). In addition they are believed to have received financial support from the organisers of the Asian games covering their transportation and accommodation cost.

Speaking to local media, vice president of the swimming association of Maldives Ismail Shareef, said that the Maldivian swimmers are not aiming for medals but to outdo the current national records for swimming – many of which fell during July’s Commonwealth Games in Glasgow.

“It is extremely hard to earn a medal at the Asian games. We do not even have the proper facilities to train for such high caliber events,” said Shareef.

Not having the proper facilities and guidance to train for such events is a complaint heard often within the Maldivian sports community, which often has to train in under equipped facilities and sometimes unsafe training environments.

Earlier this year, badminton was stopped as the Malé Ekuveni Sports complex was closed after the building was deemed unsafe, leaving the national team with no venue to practice and the Badminton Association of Maldives having to cancel an international tournament.

The government has promised a sports complex as part of the Hulhumalé Youth City project and has also pledged to transform Ekuveni into a sports city.

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