Day: February 3, 2015

Rise in child abuse reports “tip of the iceberg”, says ARC

Local child protection NGO Advocating the rights of Children (ARC) says that the recent increase in reports of child abuse cases following the death of Rakeedhoo toddler Mohamed Ibthihaal is only the “tip of the iceberg”.

ARC’s advocacy manager Muruthala Moosa explained that existing societal and cultural norms are contributing to an environment that put children at risk of abuse.

The high profile case of Ibthihaal has resulted in a spike in reports of child abuse as the public and media campaign to raise awareness of the issue. Authorities are meanwhile conducting a series of parallel investigations after it was revealed that abuse within the troubled family was known to officials.

“In the absence of such a high profile case, child abuse continues unabated and unreported,” said Muruthala.

Numerous cases of child abuse have been reported to police following the death of the three-year-old last week. Police have since revealed that his mother confessed to the crime while under police custody after the Criminal Court issued a warrant against her.

Haveeru reported that she has been transported to Malé today (February 3) for further investigation.

Muruthala said that ARC had consistently stated that the existing Child Protection Act (Act no. 9/91) was “inadequate and does not contain major provisions and principles of the UN Convention on the Rights of the Child which the Maldives acceded to in 1991.”

Additionally, he noted that despite a new act being drafted, “not enough political capital or priority is being afforded to fast track this legislation”.

The implementation of laws and regulation is also a major problem, said Muruthala: “Even if the new and improved Act is to take effect, it needs to be enforced thoroughly.”

“The tragic [Ibthihaal] case has highlighted the need to address serious deficiencies in the child protection system in the Maldives,” he said.

Meanwhile, a police media official told Minivan News today that there has been a marked increase in the number of child abuse cases being reported in the past week.

Police confirmed reports that a 42-year-old man from Lhaviyani Hinnavaru was arrested today for sexually abusing a 14-year-old, while her mother has also been arrested for giving the man consent to carry out the abuse.

Hinnavaru police have also started an investigation into another case in which a man branded a six-year-old on the hand with a red hot screwdriver, confirmed the media official.

Police have also started an investigation into a case where an 11-year-old boy was allegedly held in chains at Haa Dhaalu Kulhudhuhffushi, the official continued.

Sun reported sources as saying that the child is mischievous and often misbehaved, and that the family was keeping him chains for his own safety. The Human Rights Commission of Maldives is investigating reports that authorities were aware of the abuse.

Elsewhere, a court warrant has been issued for the arrest of a divorced couple from Laamu Gan for threatening their four children, while a 23-year-old in Hulhumalé has been arrested for neglecting her six-month-old baby on January 31.

Police media said that the Family and Child Protection Department will be assisting and providing guidance to the island police stations on how proceed with such cases.


Related to this story

ARC condemns “systematic laws” after death of Rakeedhoo toddler

Body of abused child found in Vaavu Rakeedhoo

State negligence investigated in death of Rakeedhoo child

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Indian High Commission holds cancer screening camps

The Indian High Commission to the Maldives will be hold free cancer screenings at ADK Hospital on February 4 and 5, and in Ghaafu Dhaalu Thinadhoo on February 6, as part of its health and wellness month.

In addition to the screenings, the high commission is organising a cancer awareness walk in Malé on February 4 at 4pm, in partnership with Basavatarakm Indo American Cancer Hospital (BIACH) in Hyderabad, ADK hospital, and the Cancer Society of Maldives.

The walk will be followed by yoga instruction at the artificial beach, while similar yoga workshops are to be organised in Himmafushi, Villingili, and Bandos during the month.

Last month the high commission held a number of Bollywood themed events, including a dance show, quiz, and a film festival as part of year-long celebrations of diplomatic relations with the Maldives.

“In celebration of the 50th anniversary of relations and Maldivian Independence, every month will include thematic activities as part of a year-long celebration,” said Indian High Commissioner to the Maldives Rajeev Shahare.

Other events for the wellness month include a blood donation camp held on February 27. The high commission requests everyone to register in advance for these camps by calling 763 8246.

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New CMDA CEO appointed by President

President Abdulla Yameen has appointed Ahmed Naseer of Musthareege, Kaafu Atoll Maafushi to the post of CEO of the Capital Market Development Authority (CMDA).

According to a tweet from the presidential Spokesman Ibrahim Muaz, Naseer was was appointed to the post at the level of deputy minister. He previously served as a state minister at the Ministry of Finance and Treasury during President Mohamed Nasheed’s administration.

The position of CEO of CMDA was left vacant after the resignation of Fathimath Shafeeqa’s resignation from the post last month.

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Opposition alliance a “waste of time”, says Gayoom

Former President, and leader of the ruling Progressive Party of Maldives (PPM), Maumoon Abdul Gayoom has described the opposition’s alliance to defend the Constitution as a “waste of time”.

Gayoom told reporters that the current government has in no way violated the Constitution and that there is no reason for any party to talk about defending it.

“Therefore, when some people have come out claiming to defend the Constitution, it makes me laugh,” Gayoom told reporters before travelling to the Delhi Sustainable Development Summit (DSDS) this morning.

The former 30-year ruler, who will participate in the summit as a panelist and a speaker, also questioned the intentions of the opposition, stating that “our President Abdulla Yameen pays special attention to follow the Constitution”.

Gayoom’s comments are the first from a high level member of the ruling party since the Maldivian Democratic Party (MDP) and Jumhooree Party’s (JP) decision to work together in defending the Constitution.

The parties are alleging that the government is narrowing civil liberties, intimidating political opponents, and destroying state’s checks and balances.

PPM spokesman MP Ali Arif told Minivan News that the opposition parties were unable to specify which part of the Constitution the government has violated.

“We have asked them which specific part or article of the Constitution the government has violated. They cannot seem to answer the question. This is just noise, all these claims are baseless,” stated Arif.

He also said that amendments to the Judicature Act – which saw the removal of two Supreme Court judges, and amendments to the Auditor General’s Act – which saw the reappointment of the auditor general, were all legislative changes brought by parliament.

Former Auditor General Niyaz Ibrahim has suggested his removal – just days after an audit report implicated the tourism minister in a US$6 million corruption scandal – was not legal without changes to the Constitution.

The Civil Court has, meanwhile, said the People’s Majlis had “forced” the Judicial Services Commission to deem Chief Justice Ahmed Faiz and Justice Muthasim Adnan unfit for the Supreme Court bench without due process, through an “unconstitutional” amendment to the Judicature Act.

“In a democratic society the parliament brings changes to laws,” Arif told Minivan News today. “If the president does not wish to gazette the law, he can send it back but then again if the parliament passes the bill, it automatically becomes law. How is the president or government at fault?”

Meanwhile, the MDP and the JP held a third round of discussions at Maafannu Kunooz on Sunday (January 1) night, agreeing to officially sign a document concerning their joint efforts to defend the Constitution.

The document, scheduled to be signed at a special ceremony on Thursday (January 5), will be followed by a joint rally that evening at the Carnival area in Malé.

Although the Adhaalath Party has decided against joining the alliance, the Maldives Trade Union has joined the opposition, claiming that the government’s persistent violations of the constitution have “eroded crucial checks and balances and accountability mechanisms”.

The MTU was inaugurated in May 2014, with 180 members aiming to provide an independent voice for the protection of small and medium sized businesses.

Zahir formed the group after clashing with authorities over the new tax regime – introduced by the MDP government. He was investigated the the Prosecutor General’s Office last year for tax evasion.

(PHOTO: PRESIDENT’S OFFICE)


Related to this story

Maldives Trade Union joins opposition’s defence of Constitution

Adhaalath Party decides against participation in opposition talks

MDP and JP reach agreement on defence of Constitution

Nasheed urges President Yameen to convene all-party talks

MDP holds street rally in front of Gasim’s residence

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Transparency reviews the Majlis in 2014

Transparency Maldives has published its 2014 Majlis review, reporting that 10 bills were passed in 59 sittings of the 18th People’s Majlis.

Of the 85 members elected to the expanded parliament in March, only 16 have had a flawless attendance record since, with an overall attendance figure of 90 percent.

The members from the opposition Maldivian Democratic Party (MDP) had the worst average attendance of the three main parties – 85 percent, compared with the Jumhooree Party’s (JP) 91 percent and the ruling Progressive Party of Maldives’ (PPM) 93 percent.

It was the Maldivian Development Alliance leader, and Progressive Coalition member, Ahmed ‘Sun Travel’ Shiyam who had the worst attendance of any MP, appearing at less than half the sessions, reported Transparency.

Other than the Adhaalath Party, for whom Makunudhoo MP Anara Naeem is the only MP, Siyam’s MDA was the only party whose representation in the 18th Majlis has remained stable.

Despite winning 33 seats in the March polls, the PPM has now gained an additional 11 MPs, while its former ally the JP has a net loss of 2 seats.

After winning a disappointing 26 seats in the house, the MDP lost 4 MPs to opposition parties as well as expelling Majlis Deputy Speaker ‘Reeko’ Moosa Manik from the party.

Legislation

The most important legislative changes brought by the Majlis in 2014 were the Anti-Money Laundering and Counter-Terrorism Financing Act, the new Penal Code, the Special Economic Zone Act, and amendments to the Judicature Act.

The report describes the benefit of the money-laundering bill as preventing terrorism financing, kleptocracy, narco-trafficking, human trafficking, illicit arms trafficking, counterfeiting currency, corruption, and transnational organised crimes.

“Money laundering has potentially destructive social and economic consequences. It allows criminals such as drug traffickers, corrupt officials, and transnational organised crime syndicates to introduce illicit proceeds or ‘dirty money’ into legitimate finance streams as legal funds,” explained the anti-corruption NGO.

The new penal code – to be introduced in April this year – represents the culmination of 10 years’ work and will replace an old code that has been described by legal experts as obstructing the course of justice due to its “outdated” nature, read the review.

“In April 2004, the new penal code was finally passed, making it the first modern, comprehensive penal code in the world to incorporate the major tenets and principles of Islamic law.”

Parliamentary group attendance

The report described the government’s flagship Special Economic Zones Act as laying “an edifice for economic, industrial, social, financial and infrastructural development.”

“It allows economic activities to be carried out under a relatively liberal manner through tax exemptions to investors and developers.”

Despite the promise of major ‘transformative’ investment – yet to be realised, the opposition has argued that the bill will “allow the government to conduct transactions broadly with no transparency and no opportunity for oversight, as a result of which the possibility of losing the country’s independence and sovereignty would be high”.

The SEZ was passed in August in the face of 300 proposed MDP amendments.

Appointments and dismissals

Regarding the changes to the Judicature Act – which facilitated the removal of two Supreme Court judges – Transparency’s report pointed out its previous concerns over the “political influence on the judiciary in the Maldives”.

Amendments requiring the reduction of the bench from seven to five in December saw the JSC swiftly select Chief Justice Ahmed Faiz and Justice Muthasim Adnan in a decision marked for its lack of transparency.

The Majlis’ subsequent approval of the pair’s dismissal was described as a “black day for the constitution” by Faiz, while UN Special Rapporteur Gabriella Knaul predicted a “chilling effect” on the work of the judiciary.

Finally, the review of the Majlis’ work for 2014 noted the appointment of a number of key figures, including Prosecutor General Muhuthaz Muhsin – appointed after political wrangling saw the constitutionally mandated deadline for filling the position missed by six months.

After the Supreme Court removed the Elections Commission’s senior leadership less than a month before the Majlis elections, MPs appointed Mohamed Shakeel and Ahmed Sulaiman to the commission in November. They were also joined by Ismail Habeeb Abdul Raheem and Amjad Musthafa in receiving Majlis approval.

The Majlis appointment of President Abdulla Yameen’s nomination of Hassan Ziyath as the new auditor general in November was also a source of controversy, with outgoing auditor general Niyaz Ibrahim arguing that his removal had been unconstitutional.

Niyaz was ousted as a result of last minute changes to the Auditor General’s Act, proposed to the the Majlis by the PPM on the same day the audit office published a report implicating tourism minister and deputy PPM leader Ahmed Adeeb in a US$6 million corruption scandal.


Related to this story

Transparency Maldives notes “grave concern” over undemocratic trends

Building trust – Transparency Maldives calls for enhanced asset disclosure

Transparency Maldives concerned over “stagnation of democratic consolidation”

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Maldivians fighting wars abroad a concern, says Police Commissioner

Commissioner of Police Hussain Waheed says that it is a cause of concern that Maldivians nationals are leaving the country to fight in wars abroad.

It is necessary for all police officers to work together in order stop Maldivians joining wars abroad, he told fellow officers at a police function held yesterday (February 2).

If police receive any information regarding such a case, he added, it should be investigated by the intelligence department and adequate preventative measures should be taken immediately.

The commissioner’s remarks closely follow reports that a former mosque employee at Malé’s Indhira Gandhi Memorial Hospital and his wife had travelled to Syria for Jihad, entering ISIS-held territory after travelling to Turkey via Dubai.

The exact number of Maldivians abroad for Jihad remains unclear, with Haveeru reporting a group of six having departed last week, as well as a dozen more said to have gone to Syria at the start of January.

Waheed has previously estimated that around 50 Maldivians are working with foreign rebel groups, dwarfing figures suggested by Home Minister Umar Naseer in December.

Commissioner Waheed has said that police are working with the Islamic ministry and relevant government departments to prevent radicalisation, though he said the variety of people travelling for jihad made it hard to target the most vulnerable groups.

Despite assurances that the activities of radicals are being monitored, the group said to have left in early January included a number of individuals known to police.

The group included Azlif Rauf – a suspect in the murder of MP Dr Afrasheem Ali, and an individual arrested over the disappearance of Minivan News journalist Ahmed Rilwan. A private investigation into Rilwan’s case implicated radicalised gangs in what is believed to have been the 29-years-old’s abduction.

Last month, four would-be jihadis were apprehended in Malaysia, with media reporting that they were brought back to the Maldives and released after the authorities seized their passports. A similar group were returned from Sri Lanka in November.

In November, a jihadist group called Bilad Al Sham Media (BASM) – which describes itself as ‘Maldivians in Syria’ – revealed that a fifth Maldivian had died in Syria.

Defending the government’s stance on extremism and ISIS, Islamic minister Dr Mohamed Shaheem Ali Saeed told the Majlis late last year that “Maldives will not allow Maldivians to go and fight in foreign wars”.

“We do not support their [ISIS] extremist policies. We have repeatedly appealed to our beloved youth to refrain from falling prey to these ideologies,” he said.


Related to this story

Hospital worker and wife latest to travel for Jihad

Over 50 Maldivian militants fighting in foreign wars, reveals Commissioner of Police

Maldives a “land of sin”, says jihadist after departing with family for ISIS territory

Islamic Minister advises Maldivians against participating in foreign wars

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Indian government shelves plans for SAARC Development Bank

India’s ruling coalition – the National Democratic Alliance (NDA) – has halted plans for establishing a SAARC Development Bank, Indian media reports.

Although the previous government’s proposal to establish the bank was endorsed by the 18th SAARC Summit in November, an Indian external affairs official was quoted as saying that feasibility studies had suggested it was an inappropriate time to establish the bank.

“We studied the contributions that can be made by other multilateral institutions, funding that can be sourced through external commercial borrowing route, but the shortfall after that is still huge. Ultimately, that shortfall has to be borne by India. So we decided to explore alternatives available,” said the unnamed official.

Meanwhile Indian Prime Minister Narendra Modi is reported to have submitted an “alternative proposal”, which his government is now working on. Modi has been a strong advocate of greater regional integration since assuming office, being seen as the driving force behind the resumption of the SAARC summit after a three-year hiatus.

The South Asian Association for Regional Cooperation comprises of Afghanistan, Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan, and Sri Lanka.

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Nasheed requests reappointments to Hulhumalé court be stopped

Former President Mohamed Nasheed’s legal team have requested that the appointment of new judges to the vacant positions on the Hulhumalé Magistrate Court bench be halted.

The stay order was submitted at today’s High Court hearing in Nasheed’s case against the Judicial Services Commission (JSC) over the legality of the appointment process to the magistrates court.

Despite Nasheed’s representatives insisting that the court consider the request during the hearing, presiding judges asked that it be submitted in writing, saying that the court will deliberate on the issue in a timely manner.

Responding to the request, JSC lawyer Hussain Ibrahim said he was unable to respond as he was unaware that the process of appointing new judges to the Hulhumalé Magistrate Court bench was underway.

Nasheed’s lawyers attempted to add new points to the original case, but the judges again asked that the new point to be submitted in writing, in spite of further protests.

“This hearing will only take arguments from both sides regarding the procedural issue raised by JSC. We will only allow this trial to be conducted as scheduled”, stated Abbas Shareef, the presiding judge.

The case was first raised in 2012, and challenges the legality of the bench, which was assembled to try the opposition leader for the detention of Criminal Court Judge Abdulla Mohamed during his presidency.

JSC’s procedural issue

The JSC lawyer stated that he had no points to add to the arguments made prior to the case’s suspension in April 2013. These included claims that the Hulhumalé bench had been appointed on the orders of the Supreme Court, meaning that the High Court could not deliberate on the decision.

Ahmed Abdulla, member of Nasheed’s team, noted that the letter regarding the appointment of the bench was sent by the Supreme Court in the capacity of the Judicial Council, despite it having been written under a Supreme Court letterhead.

Therefore Nasheed’s lawyers contested that the decision cannot be interpreted as a Supreme Court ruling but must be regarded “an administrative decision by an administrative body”, which would enable the High Court to deliberate on its legality.

The Judicial Council was created under the 2010 Judicature Act to oversee administration of the courts, but its duties were soon absorbed by the Supreme Court in what has been described as a centralising of judicial power.

Hisaan Hussain and Abdulla Shairu also spoke on behalf of Nasheed today, while Hassan Latheef also represented the Maldivian Democratic Party (MDP) leader in court.

Conclusion

The hearing was concluded after a brief statement by Nasheed in which he requested that the High Court grant him the permission to travel freely during the period in between hearings.

Nasheed also expressed his hope that the court had not expedited his case because “we are moving towards the shade of the new penal code, which does not include the article under which I have been charged”.

The presiding judge ended the session with the announcement that a hearing will be held next week in which the court will deliver its verdict on the procedural issues raised by the JSC, explaining to Nasheed that he will be granted permission to leave Malé after making requests in writing.

The MDP yesterday described Nasheed’s trial as the government’s attempt to eliminate President Abdulla Yameen’s political opponents and to prevent them from contesting in the 2018 presidential elections.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.

(PHOTO: MINIVAN NEWS ARCHIVE)


Related to this story

Nasheed trial part of drive to eliminate President’s opponents, says MDP

High Court to rule in appeal on Hulhumale’ court legitimacy

Hulhumale’ Court rejects case against former President Nasheed

High Court invalidates Hulhumale’ court’s rejection of case against former president

Supreme Court declares Hulhumale Magistrate Court legitimate

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