Category: Politics

Police seek public assistance to locate expatriate accused of raping 19 year-old girl on Hulhumale

Police have asked for public assistance in locating an expat suspected of abducting and raping a 19 year-old girl on Hulhumale while she was on her way to an office.

Police said the incident occurred on Saturday morning at about 9:30am. The man allegedly snatched the girl from the street and raped her in some bushes near Reethi Gas Magu Road.

Police said the suspect’s identity remained unknown. The statement did not reveal his nationality, but said he was 5 feet 7 inches in height with shortly trimmed hair, and had last been seen on the 10:00am ferry to Male.

On the ferry he was observed to be wearing a grey shirt and grey pair of trousers, and had a badly injured index finger, police said.

Police said many people who travelled on the 10:00am ferry would have seen the suspect, and asked for anybody with more information to contact either the main police line (332 2111) or the serious and organised crime department on 991 1099.

Police have meanwhile arrested two more suspects in connection with the gang rape of a 17 year-old girl on the island of Milandhoo in Shaviyani Atoll last week.

The 17 year-old girl was abducted, gang raped and filmed by a ‘large group’ of men, after she was abducted while walking home after attending a tuition class.

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President Waheed hands flats to ‘top 50’ police, promises more

President Dr Mohamed Waheed has expressed hope that more housing will be made exclusively available for police and military officers, while speaking at a ceremony to hand over 50 flats on Hulhumale’ to law enforcement officials yesterday (August 2).

Speaking at last night’s ceremony in Male’, the president said the whole nation should recognise the role that the police and Maldives National Defence Force (MNDF) played towards maintaining law, order and national security. He also called on officers to “uphold the constitution” and help ensure a peaceful election next month.

The opposition Maldivian Democratic Party (MDP) meanwhile has raised concerns whether the 50 flats – which it contends forms part of the “Veshi Fahi” Male’ (decongestion) project launched under the previous government in 2011 – were being given to the “needy” and most deserving.

Since President Waheed’s government came to power during the controversial transfer of power on February 7, 2012, which followed a mutiny by sections of the police and military, more than 1000 officers have been promoted, while 110 new police officers were hired.

A housing scheme was also introduced for police officers, with 300 flats to be constructed in Hulhumale’, arrangements were made for cheap accommodation in Sri Lanka for police officers and their families and a loan scheme was set up for police officers.

According to the President’s Office website, while handing over 50 flats to specially selected officers yesterday, Dr Waheed also praised the majority of police officers who had served the nations for a long period of time under “difficult living conditions”.

He also praised Police Commissioner Abdulla Riyaz, who took office following a mutiny by certain officers that led to former President Mohamed Nasheed’s resignation in February 2012, for the “developmental achievements” to the institution made during his tenure.

Police Spokesperson Chief Inspector Hassan Haneef told Minivan News today that the 50 officers presented with housing were required to undergo an “internal” selection procedure, based on specific criteria outlined by the institution itself.

Haneef explained that all officers who applied for the housing were then judged on a points system using the aforementioned internal criteria, with the “top 50” officers being selected.

“Big concern”, MDP claims

MDP MP and Spokesperson Hamid Abdul Ghafoor said it was “very concerning” that police should be given flats exclusively, to the detriment of teachers, doctors and other civilians. He also questioned how officers themselves had been selected for the process.

“The intention for these flats was for the needy and people who deserved them. This is why these flats were built,” he added.

Ghafoor claimed that while some of the officers may have deserved the housing, which he said had been set aside from the “Veshi Fahi” Male’ program established under the former government, there was concern that some officers involved in last year’s mutiny had been rewarded with flats.

President Waheed awarded the housing days after Commissioner Riyaz declared that police will continue to refuse any orders the deemed “unconstitutional”.  The comments were made as Riyaz expressed concern over leaked proposals for reforming the country’s security forces allegedly devised by the Maldivian Democratic Party (MDP) should it win the upcoming presidential election.

“I don’t want to say anything specifically about something that has been prepared politically or for a political purpose, but we do have a constitution and the MPS is an institution formed by the constitution,” he said, speaking just over a month ahead of the 2013 presidential election.

Proposals in the paper – leaked on social media earlier this month – include transferring the police to the authority of city councils, similar to the system in the US, while providing salaries and allowances of officers through the Local Government Authority (LGA).

The commissioner also rejected the professional capacity of individuals behind the reforms, which he claimed sought to “dismantle” and undermine the large role security services play in the country.

“I’d like to tell the MDP that they should clarify whether it is their policy or not. If it is their policy, it is of great concern. This [police] institution will be very concerned,” he said.

“Politicians should not try to play with this institution. Help this institution develop. Work to make this institution more responsible. To make it operationally accountable. Don’t use political influence to carry out political objectives through this institution.”

Riyaz alleged that certain senior government figures over the last three years had attempted to limit or weaken police in the country through the use of political influence that led to officers “straying from their path”.

He insinuated that police would not allow a similar event to happen again.

The opposition MDP have continued to question the legitimacy of the leaked reform proposals, claiming the party had no knowledge of such a document, despite backing the idea of a ”transitional arrangement” to reform the country’s security forces after last year’s power transfer.

The opposition party continues to maintain that former President Mohamed Nasheed was deposed in a “coup d’etat” after being forced to resign from office following a mutiny by sections of the police and military.

The allegations were later rejected by a Commonwealth-backed Commission of National Inquiry (CoNI) that ruled that there had been “no coup, no duress and no mutiny”, while also calling for action taken against unlawful acts committed by the country’s security forces following the transfer.

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Fifteen year-old’s appeal of flogging sentence for fornication stalled in High Court

State and judicial authorities have failed to provide a timeline for the appeal of a 15 year-old rape victim sentenced to flogging for a separate incidence of fornication, despite repeated pledges and promises of wider legal reform.

The 15 year-old minor from the island of Feydhoo in Shaviyani Atoll was convicted to 100 lashes and eight months of house arrest in February 2013, after confessing to fornication with another man during an investigation into allegations she was sexually abused at the hands of her stepfather. Those allegations arose with the earlier discovery of a dead baby buried in the outdoor shower area of the family’s home.

A month after the sentence was delivered, sources on Feydhoo told Minivan News that islanders had been raising concerns to the authorities over the girl’s abuse by other men on the island since 2009.

Sources at the time accused law enforcement officials, civil society and successive governments of failing on every level to protect the minor.

Widespread international coverage of the sentencing has since led to over two million people signing an Avaaz.org petition calling for her sentence to be quashed, a moratorium on flogging, and reform of laws to protect women and girls in the Maldives.

Despite the country’s international reputation as an romantic island getaway for couples, fornication (sex outside marriage) is illegal in the Maldives and is subject to Sharia punishments under the 1968 penal code.

However, statistics from the Department of Judicial Administration show that flogging sentences are overwhelmingly issued to women. Of the 129 fornication cases filed last in 2011, 104 resulted in sentences – 93 of whom were female.

Meanwhile, the Judicial Services Commission (JSC) has dismissed calls to suspend Supreme Court Judge Ali Hameed following the judge’s appearance in at least three recently-leaked sex videos appearing to depict him fornicating with unidentified foreign women in a Colombo Hotel room, citing “lack of evidence”.

15 year-old’s appeal stalled

The opening hearing of a High Court appeal of the girl’s flogging sentence, filed on her behalf by Attorney General Azima Shukoor, was held on April 29

The High Court has confirmed to Minivan News that there had been no further hearings in the three months since, and no further hearings scheduled.

However, a legal source speaking this week on condition of anonymity said the hearing in April was believed to have been the last, with the court expected to deliver a verdict on the case the next time it reconvened on the issue.  The appeal is being heard behind closed doors.

The flogging would be administered when the girl turns 18, although local media has previously cited a court official who claimed it could be implemented earlier should the minor request so.

Deputy Solicitor General Ahmed Usham confirmed that the sentence had not been carried out, and reiterated that no date had yet been set for a verdict on the minor’s appeal.

Usham added that a process to oversee legal reforms into the treatment of sexual abuse victims involving state bodies including the Attorney General’s (AG’s) Office was ongoing at present.

“Hopefully something concrete will be announced on this soon,” he said, but could not speculate on a timeline.

President Dr Mohamed Waheed’s government has previously pledged to review and “correct” laws it says victimise young women and minors who have suffered sexual abuse.

President’s Office Spokesperson Masood Imad previously expressed hope that the use of punishments such as flogging would be among practices debated as part of reforms.

“I’m sure when we debate [punishing suspects for fornication with lashes], we will find an acceptable solution for all parties,” he said.

More recently, the President’s Office said current legal practices involving the treatment of victims of sexual offences could not be changed overnight, and required gradual implementation.

“We cannot go any faster on the matter than this, we don’t want to see any trouble like in the past. We can’t just go and ask a judge not to [give sentences like this] anymore,” Masood said in May.

The President’s Office today confirmed that Dr Waheed had established a “special committee” as part of efforts to try and oversee the requested legal reforms, referring any specific questions on its work to Spokesperson Ahmed ‘Topy’ Thaufeeq.

Thaufeeq was not responding to calls or text messages at time of press.

Recently appointed Gender Minister Dr Aamaal Ali meanwhile requested Minivan News contact the office of former Gender Minister and current AG Azima Shukoor concerning the current status of attempts to reform laws on the treatment of sexual abuse victims.

Azima was not responding to calls or e-mails to her office at time of press.

Local newspaper Haveeru meanwhile last weekend interviewed the judiciary’s official flogger, Abdul Khalig.

“According to his memory, Khalig has enforced flogging sentences of over 300 people which amounts to thousands of lashes with his leather whip,” reported Haveeru.

“But Khalig to this day remains hesitant when it comes to flogging the elderly given their age. But he assures that no old person mostly sentenced for fornication and child abuse had come to any harm as a direct result of the flogging.

“No matter who the person is, this must be done. It is not a cruel punishment. Only one woman fainted whilst I was flogging her,” Khalig told the paper.

“I notice that people who have been flogged, repent and live good lives afterwards. Because this such a small society I see it quite often. People who have been flogged for fornication later go on to live very good lives,” he said, adding that he was now hoping “to impart what he has learned to the next generation before he retires.”

15 year-old’s case “tip of the iceberg”: Amnesty International

Speaking to Minivan News at the conclusion of a nine day visit to the country in April, Amnesty’s South Asia Director Polly Truscott claimed the treatment and controversial flogging sentence handed to the 15 year-old girl was the “tip of the iceberg” regarding the Maldives’ treatment of sexual abuse victims.

Earlier the same month, Maldivian NGO Advocating the Rights of Children (ARC) criticised child protection measures currently in place in the country as “inadequate”, urging government authorities to incorporate several key human rights obligations into domestic law.

ARC at the time told Minivan News that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

Minivan News meanwhile in June investigated reports of “widespread” child prostitution being conducted in Laamu Atoll, and was informed by a private clinical psychologist that the practice had become “so common” that the victims considered it “normal”.

Multiple sources told Minivan News the practice has prevalent across the Maldives, ranging from male benefactors grooming children with ‘gifts’ to parents actively selling the sexual services of their children – some as young as 12.

Official and public acknowledgement of the “systemic” child sexual abuse remains taboo, although Azima Shukoor – then Family and Gender Minister – in a statement on May 10 to mark Children’s Day revealed that “children being used as sex workers, where the children are sent to places as a means to pleasure people and to gain an income from such a trade. This is being practiced in the Maldives today. Both boys and girls are being used in this trade.”

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Comment: Eyes on the Maldives

In a month’s time on September 7 the eyes of the world will once again be on the Maldives. The second Presidential election will be a test not just of the island’s young democracy but also the statesmanship of its politicians.

How they behave and whether they are magnanimous in victory or defeat will be crucial to the Maldives’ status as a tourist destination and its standing in the world.

As a journalist I have had the privilege of visiting the islands over the last decade and have witnessed their transition from a dictatorship to a democracy and their struggles since to make that democracy work. In 2009 I reported on the first Presidential election for the international press and still remember the euphoria on the streets of Male’ which greeted the election of former President Nasheed and his coalition government. It was a great time to be a Maldivian because the country was filled with hope and optimism for the future.

Since those heady days however, I have reported on too many stories which have cast the Maldives in a bad light. The Swiss couple mocked during their wedding vows, the flogging of a 15-year old girl and the shutting down of the islands spas. But it has been the ongoing political protests and sporadic but very damaging violence on the streets of Male’ which have done the islands’ reputation abroad most harm.

The Maldives remains a beacon of hope for many Islamic countries around the world who would like to move to democracy. They will be following the election closely to see if the country’s politicians act responsibly. So will the UN, US, EU, Commonwealth, Indian and the Chinese governments. Each will be looking for a candidate who can unite the country and they can ‘do business with’.

It is therefore vital that the elections are free and fair and this is verified by independent election observers. Any violence, boycotts or protests has the potential not just to mar the election result but also inward investment and the islands’ vital tourism industry for years to come. The Chinese market, now the biggest source of visitors to the islands, is particularly sensitive to political unrest.

Whatever the controversy surrounding the transfer of power last February, the Maldives now has the opportunity to start again with a clean slate. I have met each of the candidates and they have a lot to offer. Former President Nasheed has experience and charisma, Gasim and Yameen are very successful businessmen who would be a new start and President Waheed has proved he can put together a unity government. They also all have very talented running mates. Dr Luthfy is an educational reformer, Dr Saeed and Dr Jameel have a wealth of experience in government and Thasmeen is a philanthropist and businessman. This is a great pool of talent which whoever wins the election can draw upon to help transform the islands’ future.

The test of their ability to work together and compromise could come soon after the election on September 7 if, as seems likely, there is no clear winner in the first round. Coalition governments can be strong governments if politicians work together in the national interest and not in their own interest.

Unfortunately, the Maldives does not have a good record of doing this over the last four years. The Maldivian people deserve better than a coalition of politicians who can come together to oppose someone but then cannot work together to run a successful government.

To reassure the Maldivian people each of them should now make a public pledge to work together in the national interest. This means saying nothing before or after the election to destabilise the Maldives democracy, economy or its international standing in the world. It also means showing their support for the tourism industry, tackling extremism and encouraging their supporters to give the winning candidate a chance.

The Maldives democracy is still very young but the second Presidential election will be a key test of whether all its politicians can act with restraint and maturity. Looking on will be an anxious international community who want to see a free and fair election and a strong government. Failure to deliver it risks further isolating the Maldives politically and economically.

When contemplating their future over the next month, each candidate would do well to remember Winston Churchill’s famous maxim about democracy: “Democracy is the worst form of government, except for all those other forms that have been tried from time to time”.

Nicholas Milton is a freelance journalist. He has reported on the Maldives for the last decade for the Guardian and Daily Telegraph newspapers. His website is www.nicholas-milton.com

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Low voter registration by Maldivians abroad could mean no voting in London, New Delhi and Singapore

Not sure where you are registered to vote? Check here online

The Elections Commission has warned it may not be able to place ballot boxes in London, Singapore and New Delhi for the upcoming presidential elections September 7, as current figures from the commission suggest that the number of registered voters is trailing below the required minimum 100 registered voters.

Speaking to Minivan News on Thursday, Vice President of the Elections Commission Ahmed Fayaz said that with the deadline for voter registration expiring on August 7, the current rate of registration could mean Maldivians residing in London, New Delhi and Singapore may not be able to cast their vote in the elections.

“However, we can only say that for sure after the deadline expires,” he said.

Fayaz said other regions outside the country where large number of Maldivians currently reside are doing well in terms of registration. So far, the commission confirmed that it will be able to place ballot boxes in Trivandrum, Colombo and Malaysia.

According to Fayaz, 652 Maldivians have registered to vote in Colombo, Sri Lanka, 225 have registered to vote in Trivandrum, India and 302 people have registered to vote in Kuala Lumpur, Malaysia. He also said the commission is currently working to get the figures from Singapore, London and Delhi.

Despite fears expatriate Maldivians would be unable to vote, the Chair of Elections Commission Fuwad Thowfeek – who is currently on the island of Fuahmulah conducting voter education programs – appeared confident that the commission could still place ballot boxes in the affected regions as past experience suggested Maldivians tend to register “at the last minute”.

“Even during the last elections, people registered to vote in the last week of registration. This is the last week. So I believe people will register and we will be able to place ballot boxes in all regions,” Thowfeek said.

Fuwad said the Elections Commission had been collaborating with respective Maldivian High Commissions in the regions to register voters for the upcoming elections.

“We have placed a focal point for the Elections Commission in all the High Commissions including Malaysia, Singapore, Sri Lanka, India and UK. This has been done on the recommendations of the High Commissions as well,” he explained.

Thowfeek said that High Commissions will help register votes during normal working hours of the respective countries, according to a  procedure is similar to that carried out in the Maldives.

“The process is similar to [registration in] Male. A person who is, say for example, living in Ahmedabad in India can register to vote at Trivandrum through a friend. All he would need to do is to send a copy of his national ID card via fax or email. Likewise, a person living abroad can even register to vote in Male, by doing the same process. It is very similar to the procedure going on in Male,” he explained.

As in the Maldives, Thowfeek also said that political parties can assist in the registration of voters abroad.

“They will have to submit the registration forms to our focal points in the respective High Commissions. Registration can then be done from the High Commissions,” he said.

The Elections Commission has meanwhile established an online mechanism through its website for people to check the ballot box where they are registered to vote.

By entering a national ID card number, the website will display the name of the voter, the permanent address of the voter and the ballot box and the location where the voter is eligible to vote.

For Maldivians residing abroad, details can also be checked at focal points established in the High Commissions, Thowfeek added.

The Elections Commission have previously announced that the Presidential Elections are scheduled to take place on September 7. If no candidate attains the required 50 percent plus one vote to secure a first round election victory a run-off election is to take place 20 days after the first election.

The commission has announced that four candidates will be competing in the elections.

The candidates are leader of the Jumhoree Party (JP) Gasim Ibrahim (running mate Dr Hassan Saeed), Maldivian Democratic Party (MDP) candidate former President Mohamed Nasheed (running mate Dr Musthafa Luthfy), incumbent President and independent candidate Dr Mohamed Waheed (running mate DRP leader Ahmed Thasmeen Ali) and Progressive Party of the Maldives (PPM) candidate Abdulla Yameen (running mate Dr Mohamed Jameel.

Check the voter registry and registered place of voting

Download registration form (Dhivehi)

In the Maldives? Check your details via SMS

To check where/if you are registered to vote, SMS 1414 ‘VIS(space)(National ID#)’

To check political party registration, SMS 1414 ‘PPR(space)(National ID#)’

Elections Commission hotline: 1414

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Police ordered to investigate Nasheed administration over SAARC Summit, alcohol

President Mohamed Waheed has ordered police to investigate budget overruns on the 2010 SAARC Summit during the previous administration of Mohamed Nasheed.

The President told a rally last night that he had “used my rights as president” to compel police to investigate the matter, according to local media.

The Auditor General released a special audit report last week on the Summit, alleging several financial discrepancies including an overspend of more than MVR 430 million (US$27.9 million) on the event’s allocated budget.

President Waheed is competing against Nasheed in the September election, along with the head of parliament’s finance committee responsible for commissioning the audit report, Progressive Party of the Maldives (PPM) candidate.Abdulla Yameen.

According to the report (Dhivehi), former President Mohamed Nasheed’s government spent MVR 667,874,870.84 (US$ 43.3 million), on the summit – 188.82 percent more than the MVR 231,240,000 (US$14.99 million) budget passed by parliament.

Others inconsistencies included payment of MVR 61.8 million (US$4 million) more the amount agreed for the construction of the Equatorial Convention Centre built for the summit, financial losses incurred by the government, violations of Public Finance Act and Public Finance Regulation and wasteful spending.

The Maldivian Democratic Party (MDP) has meanwhile challenged the intent and credibility of the report, alleging the report “misleadingly” failed to distinguish between the government’s own money and the millions of dollars worth of foreign grant aid the country received to host the event.

Responding to the Auditor General’s claim that the former government had overspent more than MVR 430 million (US$27.9 million), former Housing and Environment Minister Mohamed Aslam said the Indian government had provided grant aid of MVR 267 million (US$17.3 million), the South Korean government MVR 3 million (US$194,552.53), while an additional MVR 2 million (US$129,701.69) was given from a trust fund.

According to the former Minister, when the grant aid was accounted for the deficit stood at MVR 167 million (US$10.83 million) – a third of the audit report’s figure – which had been settled by government’s contingency budget.

“The Auditor General is doing the math and arithmetic without taking these key figures into account. You simply can’t count apples and oranges and decide the total sum of both in apples. We see his findings something similar to counting apples in this manner,” Aslam said.

He also claimed that MVR 64 million (US$4.15 million) spent on building roads in both Addu City and Fuvahmulah was directed to improve the capacity of Southern Utilities Company Limited (SUL) because other companies who proposed to construct the road, including the government’s Maldives Transport and Construction Company (MTCC), were too expensive.

“The Auditor General claimed the government incurred financial losses by giving the project to SUL, and that the Maldives National Defense Force (MNDF) was actively involved in the construction work. And that government had paid SUL for the voluntary work carried out by the military personnel. What we are highlighting here is that if mathematically calculated, the amount spent on the project did not result in financial losses to the government,” Aslam contended.

He also questioned as to how the Auditor General came to the conclusion that the MNDF had contributed to 60 percent of the total work carried out to hold the SAARC Summit, stating that there was no justification given for the figure.

Auditor General Niyaz Ibrahim defended his office, claiming the report was compiled based on information received from current government.

“The [MDP] is alleging that the current government was withholding information from us. We can’t do anything about that. We base our reports based on the information we receive,” he said.

PPM vice presidential candidate Dr Mohamed Jameel meanwhile called for the MDP to account for “economic atrocities”, speaking at a rally on Kulhudhuffushi in Haa Dhaal Atoll.

Alcohol investigation

In a separate investigation, police have re-submitted for prosecution a case involving the alleged discovery of alcohol bottles in the presidential residence on February 7 2012, during the police mutiny that led to Nasheed’s resignation the same day.

The case was first filed by police on April 12 2012, but the case was returned by the PG’s office.

Police Spokesperson Chief Inspector Hassan Haneef confirmed the case, which had been returned by the PG in December 2012 for further investigation, had been resubmitted after police “clarified certain issues” originally highlighted by state prosecutors.

“We have checked these matters and resent the case,” Haneef said.
Haneef downplayed any potential concerns that the resubmission of the case just over a month before the presidential election could be seen as politically motivated.

“This case has been going on for a long time. [Maldives police] work on a case-by-case basis and we have re-sent the case after investigations were completed,” he said.

Nasheed has also faced charges for the military detention of Chief Judge of the Criminal Court Abdulla Mohamed prior to the controversial transfer of power. Nasheed’s government had alleged the judge – who had struck down police warrants for his own arrest and obtained a civil court injunction against his investigation by the Judicial Services Commission – had “taken the entire judiciary in his fist”, among other allegations.

Nasheed and the MDP have maintained that the charges are a politically-motivated attempt to bar him from contesting the elections.

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UK welcomes steps towards “free, fair” elections, calls for “peaceful transition to post electoral politics”

UK Foreign Office Minister Alistair Burt has issued a statement welcoming confirmation from the Maldives’ Elections Commission “that the chosen candidates of all political parties will be able to participate in the presidential elections this coming September”.

All four candidates seeking the presidency have been accepted by the commission, and the five day period to contest those candidacies in the Supreme Court expired last week.

The four candidates from top to bottom on the ballot paper are Gasim Ibrahim (Jumhoree Party), Dr Mohamed Waheed (independent, incumbent president), Abdulla Yameen (Progressive Party of the Maldives) and Mohamed Nasheed (Maldivian Democratic Party, former President).

“It is vital for the good of the citizens in this young democracy that both campaigning and elections are judged to be free, fair and peaceful,” said Burt.

“We hope that all parties will honour free and fair election results and work to ensure a peaceful transition to post electoral politics. No matter who wins, cooperation between political parties will be vital in order to work for the good of the Maldivian people, and consolidate democratic institutions,” he added.

Former President Mohamed Nasheed’s candidacy in the upcoming elections was contested last year following the filing of charges in the Hulhumale Magistrate Court over his detention of Chief Criminal Court Judge Abdulla Mohamed, in the days leading up to Nasheed’s controversial resignation.

Nasheed and the MDP contested that the charges were a politically motivated attempt to prevent him contesting the election, and challenged the authority of the court and the appointment of the panel of judges.

Both the court and the panel had been appointed by the Judicial Services Commission (JSC), which included several of Nasheed’s direct political opponents, including a rival presidential candidate, Gasim Ibrahim.

The international community reacted with calls for the presidential election to be “free, fair and inclusive”, and concerns over the state of the judiciary and the impartiality of the JSC were echoed in a special report by UN Special Rapporteur Gabriela Knaul.

“It is indeed difficult to understand why one former President is being tried for an act he took outside of his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” wrote Knaul, following her Maldives mission in February 2013.

The Nasheed trial subsequently stalled at the high court level, after Chief Judge of the High Court Ahmed Shareef issued an injunction.

A day later the JSC suspended Shareef for what it claimed was an unrelated matter. He is currently contesting his suspension in court.

Meanwhile, despite initial reluctance, Gasim stepped down from his position on the JSC in accordance with the commission’s regulation on members seeking elected political posts.

Nasheed’s candidacy was accepted by the Elections Commission on July 18.

“Today we submitted the election forms and begin the task of restoring democracy to our country. It has been a slippery slope but we have come a long way. Despite all the barriers and hurdles that were put in our way, we never gave up,” Nasheed stated, in a subsequent press conference.

Approximately 240,000 Maldivians will be eligible to vote in the September 7 election. Transparency Maldives, in its pre-election assessment, meanwhile warned that the election was set to unfold against a “crisis of legitimation, uncertainty of democratic transition, existing polarisations and other challenges that have been aggravated by the controversial transfer of power on 7 February 2012.”

“Political polarisation in the Maldives has grown in the wake of the failed all-party talks and events of February 7, leading to bitter mistrust between political factions and the pervading sense among parties that the loss of the upcoming elections ‘could amount to losing everything’,” Transparency stated.

Transparency will participate in monitoring the election, along with the UK, EU, Commonwealth and UN.

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Hope For Women publishes book on women rights in Islam to counter oppression, intimidation

Local NGO Hope For Women has released a book on women’s rights in Islam in an effort to counter what it has described as a growth in “conservative Islamic teachings or religious justifications, that use Islam as a tool to intimidate and repress women”.

The book, titled “Women’s Rights Through an Islamic Lens”, has been compiled by Hope For Women with support from renowned local Islamic scholar Dr Ibrahim Zakariyya Moosa.

Minivan News was told during the launch that the publication attempts to challenge a perceived emergence of more religious conservative viewpoints in Maldivian society regarding the role of women and gender equality.

Issues addressed by the book include polygamy, a husband’s right to beat his wife, inheritance and the right to divorce.

Hope For Women’s co-founder, former Gender Minister Aneesa Ahmed, expressed particular concern over the growth of conservative views that she argued were limiting the role of women in society to domestic spheres and portraying them as being inferior to men.

She recalled hearing an Islamic scholar preaching on television that women become a “property” of their husbands following marriage, and said such preaching has to be stopped.

“This kind of conservative views that belittle a person is a major obstacle to building harmonious relationships on which a strong family and society is built on,” Aneesa noted.

“Many of the problems existing in our society roots back to inferior roles women and girls have within their households,” she observed. “I hope these publications will clarify the rights and status of women in Islam and create more awareness within our society.”

The NGO has also translated three publications from the international organisation ‘Sisters of Islam’ – including “Are Muslim men allowed to beat their wives?”, “Are women and men equal before Allah?” and “Musawah Framework for Action”.

Musawah is described as a holistic framework created by a group of 12 Muslim activists and scholars from 11 countries on “promoting concepts of justice and equality in Islam, and the Muslim family in particular,” according to its website.

Hope for Women said it had “become incumbent upon all civil society actors to speak out and stand up against the widespread prejudices that encourage women to be relegated to a marginalised existence and sometimes subjected to extraordinary acts of violence.”

Speaking at the launching ceremony of the project yesterday (July 30), newly appointed Gender Minister Dr Aamaal Ali observed that “outdated ways of thinking are being preached today as the Islamic way, and this has resulted in a backlash against women’s role in society”

“My students tell me they hear a certain sermon when they get into a taxi. They face discrimination at some gatherings from other women and outside forces are influencing their family life. Some girls also tell me their husbands are pressuring them for a second marriage,” explained Dr Amaal, who has served as a teacher and principal at the all-girls Ameeniya School in Male’.

“Sometimes when I think, I wonder if women are seen as disposable, to throw away once they become old. Because women are today often being treated as disposable beings,” she added.

The minister noted that if young women in the country informed themselves about religion with education, as well as providing themselves with empowerment and economic emancipation, it would help reduce many of the problems they faced such as domestic violence.

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CNI statements made confidential “to protect evidence”: President’s Office

The President’s Office has declared that statements made to the Commission of National Inquiry (CNI) concerning the legality of President Mohamed Waheed Hassan’s controversial ascension to power have been made confidential in order to protect those who testified to the commission.

Media Secretary of Presidents Office Masood Imad told local newspaper Haveeru that the CNI had agreed to protect those who gave evidence to the commission.

According to the government, President Waheed in March issued a presidential decree declared that all materials relating to the CNI would be declared a national secret and kept from the public.

“If the statements [given to the CNI] get published in public, [those who gave evidence to the commission] may face dangers and may be threatened. It is with the recommendation of the CNI panel as well that the statements had been made confidential,” claimed Masood.

Defence Minister Mohamed Nazim told the newspaper that according to the presidential decree, the documents will be kept confidential and safely stored for a period of 25 years.

The defence minister said that the decision was made in adherence to Sections 22(b) and 22(c) of the Right to Information Regulation.

According to Section 22(b) exceptions to Right to Information include information which if released could prompt a lawsuit against the government for failing to ensure confidentiality, while Section 22(c) states that exception can also be made to withhold release of information if it would lead to difficulty for the government in obtaining similar information in the future.

According to Nazim, the president had given the defense ministry the responsibility on making the information confidential and keeping the assorted documents, audio, videos and photographs in the ministry’s custody.

“It hasn’t come to our hands as of yet. But we are working on bringing into our custody,” Nazim said.

Change in management

In late January 2012, a 22 day continuous anti-government protests led by then opposition figures and religious scholars following the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed escalated into a mutiny by certain elements within the police and the military.

By midday of February 7, 2012, then-President Nasheed had exhausted all his options to establish a chain of command within the ranks of police and military, and was left trapped inside the Maldives National Defence Force (MNDF) barracks surrounded by rebelling police and military forces along with an angry mob of anti-Nasheed demonstrators which had been armed by the security services.

The current Defense Minister Nazim – who was a civilian at the time – entered the barracks and gave an ultimatum to Nasheed, “resign or face the dire repercussions”, to which Nasheed conceded and resigned.

Then vice President Waheed subsequently ascended to power.

The following day, Nasheed and the MDP along with thousands of supporters took to the street in protest of the new regime change, but were met with harsh crackdown by what the Human Rights Commission of the Maldives (HRCM) later described as an “emotionally charged” police and military.

The national inquiry

In June 2012, following strong local and international pressure – primarily from the Commonwealth – President Waheed was forced to reformulate the Commission of National Inquiry (CNI) to include representatives from the MDP and international community. The national inquiry commission included three members handpicked by Waheed, a Singaporean judge and a representative of former President Nasheed.

The commission interviewed several individuals as well as reviewed photographs, videos and other documents relating to the transfer of power which Nasheed’s Maldivian Democratic Party (MDP) had alleged was a “bloodless coup d’état” that forced the first democratically elected president out of office.

Prior to the release of the commission’s findings, Nasheed’s nominee to the commission Ahmed ‘Gahaa’ Saeed resigned in protest from the commission contending that vital information concerning the power transfer was deliberately disregarded in order to achieve a certain outcome.

“I realised it was all going wrong,” Saeed said at a press conference held after his resignation.

In a letter he wrote to the commission’s co-chairs, Saeed cited concerns including the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed, and organisation by the CNI secretariat.

The CNI went onto announce its finding in which it claimed there was neither a coup as alleged by the former ruling party MDP nor was there any substantial grounds to question the legitimacy of President Waheed’s ascension to power – much to the dismay of former President Nasheed and the MDP.

“In sum, the Commission concludes that there was no illegal coercion or intimidation nor any coup d’état. The Commission has received no evidence supporting or to substantiate these allegations. This disposes the main mandate of the Commission,” read the report. The report and the commission’s website were subsequently taken off-line.

CNI findings flawed

A subsequent legal analysis of the commission’s report on the request of the now opposition MDP by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General – accused the commission of exceeding its mandate, selectively gathering and acting upon evidence, and failing to adequately address the fundamental issue with which it was charged: determining whether the former President resigned under duress.

“[The CNI] appears to have abdicated its duty to objectively and reasonably bring its collective mind to bear on whether or not there was duress involved in the purported resignation of President Nasheed,” concluded the detailed report.

The authors included two Sri Lankan Supreme Court attorneys – Anita Perera and Senany Dayaratne – and the former Sri Lankan Attorney General Shibly Aziz.

“The [CNI] Report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law,” it claimed.

“Even by the yardstick of ‘coercion’ or illegal coercion which the [CNI] has incorporated for reasons one cannot fathom – given the clear mandate – ex facie the events accepted by the “[CNI] and without anything more, does strongly and convincingly establish the ‘coercion’ or ‘illegal coercion’, the yardstick chosen by the [CNI],” the report noted, in support for the claim of an illegitimate ousting of a legitimate head of state.

Parliamentary scrutiny

A review of the CNI report by Parliament’s Executive Oversight Committee – the parliamentary select-committee mandated with overseeing the government and its agencies – led to the announcement by the committee’s chair that the report was “flawed”.

The Committee Chair MP Ali Waheed told local media that many interviewed by the committee claimed it lacked “key information they had given to [the CNI panel]”.

“Some have even claimed their information was wrongly presented,” he said, while others who attended the committee [meeting] “have told us that key information they gave was missing from the CNI report, and said they did not accept its findings”.

Leaked statements

Dozens of statements given to the CNI were leaked to local media. Among the statements included those given by former President Nasheed and statements from senior officials from the military and police.

In one of the leaked statements, MNDF Staff Sergeant Shafraz Naeem – who was commanding ‘Bravo’, one of the Bandara Koshi Battalion riot squads that confronted the mutinying police – told the CNI that he had “lost faith in the institution” after the events.

“I took an oath to protect the country and the president; not to beat civilians or to mutiny. I did not take an oath to follow a mutinous general. I was never a big fan of Nasheed, but it did not matter to me who the President was that day. I would have done the same for any president,” read his statement.

“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he said.

Former President Nasheed’s leaked statement read – “In essence, my statement is very small. I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign.”

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