HUMAN RIGHTS DAY

Around the World we are celebrating Human Rights Day. On the 10th December 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights that was written in 1789, and therefore celebrating more than 200 years of History. In its preamble the United Nations stated:

“Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction” [http://www.un.org/Overview/rights.html]

However, in the Maldives, people are still struggling to gain the basic human rights expressed in the form of 30 articles.

For instance, article 5 states “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. In September 2003, the government proved their disregard of the law with the assassination of Evan Naseem and that ongoing tortures and abuses are perpetrated in prisons.

Furthermore, the members of the Maldivian government persistently breech article 9 (“No one shall be subjected to arbitrary arrest, detention or exile”) by keeping unfairly imprisoned any subject that voices their disagreement with the regime imposed by president Gayoom. Consequently, they can ensure that the up-coming parliamentary elections will not be free and fair with the intimidation of any potential opponent candidate.

The further one reads the Declaration of Human Rights, the more one will come to realise that every article is being constantly breeched by Gayoom and his government.

After the Evan Naseem tragedy, the international community began watching more closely the activities of the Maldivian government. In response, president Gayoom set up a Human Rights Commission and announced to the public: “the Human Rights law will be passed by the Majlis, and the law will be based on Paris principles”. One year later the commissioner, Mr. Ahmed Mujuthaba, has written in his report that nothing has changed and the government is still carrying the same unlawful practices. He stated very fairly that in the Maldives it is “ Rulers Law rather than the Rule of Law ”.

President Gayoom has now postponed the inauguration of the commissioner’s annual report that was supposed to take place today on the anniversary date, to January 2005 and consequently slowing down the process of reforms, and continuing to suppress the Human Rights Commission itself, which is still under presidential decree, and therefore subject to being withdrawn by Gayoom at anytime.

Unfortunately today, Maldivians will not celebrate the anniversary of the proclamation of the Universal Human Rights Declaration.

Friends of Maldives will work to ensure that the Maldives will be able to join the rest of the World in celebrating Human Rights Day in the future.

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Abbas Ibrahim Concludes a Rather Unsuccessful Campaign Trip to Gaaf Dhaal

Abbas Ibrahim, speaker of the Special Majlis and brother-in-law of President Gayoom, has concluded what can only be described as an ‘unsuccessful’ campaign trip to Gaaf Dhaal, where he is a candidate in the upcoming Majlis elections.

Abbas left Male’ earlier this week courtesy of a government speed boat (using government property to further a candidate’s election campaign is outlawed in Maldivian election regulations). Upon arrival a small reception party was assembled, which included the Atoll Chief, the Assistant Atoll Chief and all of the Island Chiefs (election regulations state that Atoll Chiefs are not allowed to meet with candidates during the election campaign).

Despite enjoying the favour of the government, Abbas’ reception amongst the electorate appears to have been less agreeable. In his first meeting, Abbas was heckled by a member of the crowd, who reportedly stood up and shouted “we will not vote for you, we will not gain anything from you!” Abbas, fuming with anger, demanded that the assembled crowd remove the man from the meeting. The crowd did not budge, and the man continued his tirade, “even if you throw us out of here or pay us, we will not vote for you in this election” sources from Gaaf Dhaal reported.

Abbas left the island and continued on his campaign tour, which took him next to Madaveli Island. His reception there, however, was no warmer. Angry residents reportedly told him to “close your campaign office, do not campaign here again.” Abbas reportedly lost his temper for a second time.

To conclude his lightning tour of the Atoll, Abbas then went onto Thinadhoo Island. Noticing, though, that the island was covered with the campaign material for candidate Hafeeza Afeef, a known reformist, Abbas reportedly decided to call it a day, and sailed back to Male’ in his government speed boat.

Abbas Ibrahim courted controversy last month when reports from Gaaf Dhaal indicated that his campaign team had been portraying him as ‘a friend’ of MDP Spokesperson Mohamed Latheef.

The rumours forced Mr Latheef to ‘clarify his position’. Speaking to Minivan News – in an interview also carried on Minivan Radio last week – Mr Latheef said: “given his known reactionary views on social and political reform, Abbas is the least suitable person in the entire country for this important post [of Special Majlis Speaker].”

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“NSS a Cradle of Corruption and Power Abuse” says Junior NSS Officer

A junior NSS officer has blasted the organisation he works for, calling it the “corruption cradle of the Maldives”, and a “perverted institution” where “abuse of power and dominance” is rife.

Speaking under the condition of anonymity, the officer stated that dozens of junior recruits were “furious” with the “abuse of power, biasness, prejudice, pretence and hypocritical nature” of senior officers.

The junior officer pointed to abuses of power, with the “blabbermouth” sons of top generals being promoted up through the ranks ahead of equally capable officers who do not have such connections. The officer stated that: “A General’s son got a triple promotion, whilst several officers with qualifications from leading European academies were left behind.”

The junior officer further blasted the extravagant lifestyle of top generals: “One general has accumulated two automobiles – one of which is a $300,000 Land Rover – even though NSS rules state you are allowed only one. His wife drives the second car.”

“As poor soldiers dine in disgusting mess rooms and shower with salty water, the General rambles around Male’ with his wife and meets up with Yameen at his multi-million dollar mansion” laments the junior officer.

The junior officer further said that the “infuriated rank and file are disgusted with the bias and prejudice in the NSS and are longing for reformists to advise them on how best to kick out these corrupt senior officers.” “We need equity, fairness and justice” said the officer, “we won’t stomach it anymore.”

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Mass Public Protest Forces a Re-Run of Elections in Ukraine

Ukraine’s Supreme Court said yesterday that new Presidential elections must be held after it ruled that the election held last month had been rigged by the government.

The opposition candidate, Mr Viktor Yushchenko, said the decision showed Ukraine was “a true democratic state”.

The Presidential election, held on 21st November, had been criticised by Western observers, especially by representatives of the European Union, after they found irregularities tantamount to election fraud committed by the government.

Opposition supporters, loyal to Mr Yushchenko, took to the streets on mass and have remained there ever since in the capital city of Kiev. It has been these huge demonstrations – which have lasted for over two weeks – that allowed the opposition to build up enough pressure to force the Supreme Court to look at the matter.

After considering the case for five days the Supreme Court finally said yesterday that it had found that the results of the 21 November poll were marked by cheating which the central election commission had failed to examine. “The actions and decisions of the central election commission concerning the results of the run-off presidential vote were unlawful,” a Supreme Court Judge announced.

On hearing the verdict, thousands of opposition protesters amassed in Kiev’s central square cheered. Waving blue-and-yellow Ukrainian flags and orange opposition flags, they chanted “Yushchenko! Yushchenko!”

“Today Ukraine has turned to justice, democracy and freedom,” Mr Yushchenko declared to the ecstatic crowd.

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15 Minutes interviews: The Commonwealth Human Rights Initiative

Minivan News spends 15 minutes with Clare Doube of the NGO, the Commonwealth Human Rights Initiative.
1) Could I start by asking you to explain what the Commonwealth and the Commonwealth Secretariat is?
The Commonwealth is a voluntary association of independent states. It has 53 member countries. Historically, the Commonwealth comes from the British Commonwealth which was an association of British colonies but nowadays the Commonwealth is made up of independent states.
There are four regions represented in the Commonwealth: Africa, Asia, the Pacific and the Caribbean. Unusually, there are only four developed countries in this inter-governmental club: Britain, Canada, Australia and New Zealand. The rest of the countries are developing states. Ninety percent of Commonwealth countries are either developing countries or Small States (mostly either islands or landlocked), which means the needs of these states are a particular focus of the Commonwealth.
As an intergovernmental association, the Commonwealth works through a series of inter-governmental meetings, the most important of which is the biennial Commonwealth Heads of Government Meeting (CHOGM) which sets the policy for the association. This policy is then implemented by the inter-governmental agencies, the most important of which is the Commonwealth Secretariat. The Commonwealth Secretariat is based in London and includes staff from across the Commonwealth divided into different programme divisions.
2) The Commonwealth Secretariat have recently been in the Maldives and the Maldivian Government has announced that the Commonwealth are to send election observers to the Maldives for the upcoming Majlis elections this December. Can you explain what the observers might do?
On invitation of a member-government of the Commonwealth, the Commonwealth will at times send elections observer teams. Often these teams will observe the preparation for the election such as voter registration, as well as the day of the vote itself.
The observer mission is made up of experts from other Commonwealth countries and will make a public report on the election. Sometimes it is decided that an observer team is not appropriate for a situation and instead that Commonwealth might provide other assistance to that country such as technical assistance, to try and ensure the election is run in a more free and fair manner.
3) So the Commonwealth will do a preparatory assessment and if it finds that elections cannot be free and fair, they will send a technical team rather than an observer team? In other words, if the Commonwealth does not send an observer team it means that the election will not be free and fair.
There may be many reasons not to send an election observer team, one of which certainly is that having assessed the situation, the Commonwealth believes a free and fair election will not happen and therefore they have decided that a more appropriate response would be to send a technical team. It must be remembered that at times voting on the day may be conducted in an effective manner but intimidation prior to the election day may mean that the results are not the true will of the people.
4) You say that the Commonwealth is a club of member states. Does the Commonwealth find it difficult to openly criticise a member even if that member does something to breaches the club rules?
All members of the Commonwealth are obliged to abide by the Harare Principles [a set of democratic, human rights and good governance principles which make up the club rules]. However, if a country contravenes these principles, the approach of the Commonwealth – as a largely inter-governmental association – is generally one of quiet diplomacy.
Whilst organisations like CHRI believe that quiet diplomacy does have a place we do also believe that more public engagement with erring governments can also be effective.
CMAG, as the body which monitors adherence to the Harare Principles, needs to take a more active role in ensuring compliance with democracy, human rights and good governance.
5) Does the Maldives always adhere to the Harare Principles?
CHRI believes that the Maldives, along with some other countries in the Commonwealth, including Pakistan, is not honouring the Harare Principles [on democracy and human rights] and we have called on CMAG to add the Maldives to their agenda. We have called on the Commonwealth to engage with the Maldives to bring about an active, participatory democracy in that country.
6) Should the democracy movement in the Maldives welcome Commonwealth involvement in the Maldives?
Yes. The Commonwealth – in particular as an organisation with an active interest in small states – has a lot to offer the people of the Maldives and the democracy movement. Whilst the Commonwealth does not have a lot of funding it is able to provide technical assistance in key areas.
7) What are the opportunities for the Commonwealth involvement in the Maldives after the forthcoming elections?
There are many opportunities for such involvement. We would hope, for example, that the Commonwealth would assist the Maldivian government in ensuring that the constitutional reform process is participatory and transparent, leading to reforms that will bring about a more democratic society in the Maldives that respects human rights.
Another area is in supporting civil society. The Commonwealth is after all not just an association of states but also of people and I hope the Commonwealth will support the growth of an active and engaged civil society in the Maldives.

Minivan News spends 15 minutes with Clare Doube of the NGO, the Commonwealth Human Rights Initiative.

1) Could I start by asking you to explain what the Commonwealth and the Commonwealth Secretariat is?

The Commonwealth is a voluntary association of independent states. It has 53 member countries. Historically, the Commonwealth comes from the British Commonwealth which was an association of British colonies but nowadays the Commonwealth is made up of independent states.

There are four regions represented in the Commonwealth: Africa, Asia, the Pacific and the Caribbean. Unusually, there are only four developed countries in this inter-governmental club: Britain, Canada, Australia and New Zealand. The rest of the countries are developing states. Ninety percent of Commonwealth countries are either developing countries or Small States (mostly either islands or landlocked), which means the needs of these states are a particular focus of the Commonwealth.

As an intergovernmental association, the Commonwealth works through a series of inter-governmental meetings, the most important of which is the biennial Commonwealth Heads of Government Meeting (CHOGM) which sets the policy for the association. This policy is then implemented by the inter-governmental agencies, the most important of which is the Commonwealth Secretariat. The Commonwealth Secretariat is based in London and includes staff from across the Commonwealth divided into different programme divisions.

2) The Commonwealth Secretariat have recently been in the Maldives and the Maldivian Government has announced that the Commonwealth are to send election observers to the Maldives for the upcoming Majlis elections this December. Can you explain what the observers might do?

On invitation of a member-government of the Commonwealth, the Commonwealth will at times send elections observer teams. Often these teams will observe the preparation for the election such as voter registration, as well as the day of the vote itself.

The observer mission is made up of experts from other Commonwealth countries and will make a public report on the election. Sometimes it is decided that an observer team is not appropriate for a situation and instead that Commonwealth might provide other assistance to that country such as technical assistance, to try and ensure the election is run in a more free and fair manner.

3) So the Commonwealth will do a preparatory assessment and if it finds that elections cannot be free and fair, they will send a technical team rather than an observer team? In other words, if the Commonwealth does not send an observer team it means that the election will not be free and fair.

There may be many reasons not to send an election observer team, one of which certainly is that having assessed the situation, the Commonwealth believes a free and fair election will not happen and therefore they have decided that a more appropriate response would be to send a technical team. It must be remembered that at times voting on the day may be conducted in an effective manner but intimidation prior to the election day may mean that the results are not the true will of the people.

4) You say that the Commonwealth is a club of member states. Does the Commonwealth find it difficult to openly criticise a member even if that member does something to breaches the club rules?

All members of the Commonwealth are obliged to abide by the Harare Principles [a set of democratic, human rights and good governance principles which make up the club rules]. However, if a country contravenes these principles, the approach of the Commonwealth – as a largely inter-governmental association – is generally one of quiet diplomacy.

Whilst organisations like CHRI believe that quiet diplomacy does have a place we do also believe that more public engagement with erring governments can also be effective.

CMAG, as the body which monitors adherence to the Harare Principles, needs to take a more active role in ensuring compliance with democracy, human rights and good governance.

5) Does the Maldives always adhere to the Harare Principles?

CHRI believes that the Maldives, along with some other countries in the Commonwealth, including Pakistan, is not honouring the Harare Principles [on democracy and human rights] and we have called on CMAG to add the Maldives to their agenda. We have called on the Commonwealth to engage with the Maldives to bring about an active, participatory democracy in that country.

6) Should the democracy movement in the Maldives welcome Commonwealth involvement in the Maldives?

Yes. The Commonwealth – in particular as an organisation with an active interest in small states – has a lot to offer the people of the Maldives and the democracy movement. Whilst the Commonwealth does not have a lot of funding it is able to provide technical assistance in key areas.

7) What are the opportunities for the Commonwealth involvement in the Maldives after the forthcoming elections?

There are many opportunities for such involvement. We would hope, for example, that the Commonwealth would assist the Maldivian government in ensuring that the constitutional reform process is participatory and transparent, leading to reforms that will bring about a more democratic society in the Maldives that respects human rights.

Another area is in supporting civil society. The Commonwealth is after all not just an association of states but also of people and I hope the Commonwealth will support the growth of an active and engaged civil society in the Maldives.

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Vigilante actions by Adduan people ‘to continue’

Peoples’ arrests made by hundreds of Adduan people are to continue for a second night, residents from the Maldives southernmost atoll said. “If the police cannot keep law and order, the people will have to take action”, a youth who spoke to Minivan news noted today.

Some five hundred people who live in the atoll capital of Hithadhoo island were out on the streets from 1900 Hrs till dawn, effecting 34 arrests, reports said. The people’s action in Addu follows the resignation of all foreign doctors working in the island hospital. Two days ago a doctor was attacked while he was sleeping by alleged drug users. “They physically beat him up and took all valuables. He was alone at his house that time. It was around midnight”, Hussain Adil, an Adduan youth who spoke to Minivan news said. The subsequent strike by the doctors led to a pregnant woman losing her baby and other complaints from numerous people seeking medical care in the Atoll, reports said.

An Adduan businessman commenting on the happenings said that “this atoll has been best by lootings and theft for quite a while now. This is mainly seen to be carried out by drug addicts desperate for money.”

According to a self-proclaimed vigilante who called Minivan News today, the people in the Atoll intend to carry out more arrests tonight. “There are about 50 more people in our arrest list”, he said.

The country’s most populous atoll after Male’, Addu has some five islands connected by causeways to the former British Air base of Gan. Male’s National Security Service houses some 500 personnel in Gan. “They have not bothered with complaints of the breakdown in law and order”, Hussain Adil noted. “Male’ is sending more security people here to intimidate the people, but their biggest concern is to influence ongoing campaigning for general elections”, he said.

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“I don’t Understand why Mohamed Shaaz Waleed is still in Dhoonidhoo” – Maldives Attorney General

The Maldivian Attorney General, Dr Hassan Saeed, has reportedly stated that he “does not understand why [Mohamed Shaaz Waleed] is still kept in Dhoonidhoo”. The comments were made in a meeting with Mr Waleed’s wife, held yesterday.

Mr Waleed, 34, a known reformist, has been held in solitary confinement in Dhoonidhoo Jail for over 100 days after participating in the August pro-democracy rally in Male’. Following the decision this week to extend Mr Waleed’s jail term by another 30 days, his wife went to confront the Attorney General.

She reportedly told Dr Saeed that she was convinced “the authorities had a personal vendetta against her husband.” The Attorney General replied that “he did not have a personal vendetta against her husband.” The Attorney General went onto say he “did not understand why he was still kept in Dhoonidhoo” and urged Mr Waleed’s wife to write a letter to the Overseeing Committee of the investigations of the August demonstration.

Dr. Hassan Saeed
Dr. Hassan Saeed
The Attorney further reportedly advised Mrs Waleed to write a letter saying that most of the 219 people detained in connection with the demonstration have now been released but not her husband. He also suggested referring the case to the Commissioner of Police. Mrs Waleed retorted that the Commissioner told her to refer the case to the Attorney General.

Mrs Waleed further grilled the Attorney General about whether her husband was being held in connection with the pending treason case against him. The Attorney General said that “it should not be the case since other defendants of the case were now not in detention” and that Mr Waleed “should not therefore be detained in connection with the case unless if gets convicted at the end of the case.”

Mrs Waleed snapped that everybody knew that Sergeant Habeeb, who was from the same atoll as her, had tortured confessions out of the defendants. She further reportedly told Dr Saeed that she went to the hearings of her husband’s case and “it was said in court that the testimony of a single policeman was equal to that of four ordinary people – with such deliberate unfairness how could they conduct a fair trial?” The Attorney is said to have replied that “the rule did not apply any longer.”

Mrs Waleed dryly asked Dr Saeed if “the judge had a special stamp with “30 days” cast on it for him to dish out 30 day extensions to everyone brought before him?” The Attorney General reportedly replied that “it was not the case any longer, that previously judges complied with whatever the government requested but now they consider the facts regarding the detainee before extending detention.” Evidence suggested for this was the fact that the judge refused to extend the detention for some of the Back Friday detainees to a full 30 days as requested by the police.

Mrs Waleed reportedly also requested the Attorney General to give back the passport of her husband and allow the family to leave the country since there was no hope for the family to live happily in the Maldives. The Attorney General is said to have replied that “it would not do for everyone to leave the country and that the future of the children have to be considered and that everyone should hope for better things for their children in the future and make this country work.”

Mrs Waleed reportedly told the Attorney General that her husband was pleased when he took office because he was known to be an un-corrupt reformist but now they were disillusioned with him. The Attorney General said “things were changing slowly and that it would take time for all the changes to come in place but he was resolute to push the reforms through.”

Mrs Waleed also complained that access to her husband had become difficult again even though most of the other Black Friday detainees had been released. The Attorney replied that he would address the matter.

Mrs Waleed reportedly received a call from the police late last night informing her that the Mr Waleed’s family have been allowed access to Mr Waleed at Dhoonidhoo Jail at 9am of December 1st.

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Five Black Friday Detainees have Jail Sentences Extended

Five democracy detainees, arrested after participating in the peaceful pro-democracy demonstration of the 12-13th August 2004, have been sentenced to another 30 days in solitary confinement.

Mohamed Shaaz Waleed, Abdul Rasheed Adam, Hussein Naseer, Mohamed Fauzi and Mohamed Iyaz – who have already spent over 100 days in solitary confinement, without charge, in Dhoonidhoo Jail – had their sentences increased in a midnight trial held in Male’ yesterday.

Mohamed Shaaz Waleed, 34, a known reformist, attempted to organise a reform debate in July 2004.

According to his relatives, police beat Mr Waleed up with batons and threw him down a flight of stairs in front of his wife and children during his arrest on the 13th August. Mr Waleed was then handcuffed behind his back and a policeman kicked his left hand, dislocating some of his fingers. Mr Waleed was only taken to hospital to treat his fingers on 18 September 2004 – over a month after his injury.

Abdul Rasheed Adam was arrested in early August 2004 with his brother Ahmed Adam for allegedly publishing ‘subversive material’. He was released on 12-13th August following demands made by the crowd in the August democracy rally in Male’. Mr Adam was re-arrested the following day, Black Friday, and has remained in Dhoonidhoo, under solitary confinement and without charge, ever since.

A family member of Mohamed Fauzi reported that he was so weak in court last night he had to be held up by two policemen as he was leaving.

The MDP has condemned the continued detention of the democracy campaigners. Speaking to Minivan News this morning, Mohamed Nasheed referred to it as “politically motivated, to influence the upcoming election by the regime”.

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MDP voices strong appeal for official registration in Maldives

The Maldivian Democratic Party has yet again voiced a strong appeal to the Maldives government for official registration.

Speaking to Minivan Radio the Party’s Co-founder and Councilor Mohamed Nasheed shrugged off suggestions that the government may cite administrative difficulties during the run up to general elections. “Should the government decide to allow our registration, it won’t need much paper-work. All our documentary submissions are with them. The constitution allows it. All that are needed remain the regime’s political will and quick decisions”, Mr.Nasheed said, adding that “in this case that would be remedial step to keep elections activities up to international standards while demonstrating the regime’s ability for functional transition in embracing reforms”.

The Maldives Elections Commissioner Ibrahim Rashad would announce the candidates list out of 156 applicants to contest in 20 constituencies on 30th November. Candidates are contesting as independents, “at a time there is a massive current of support for reform and political association”, in Mr. Nasheed’s words.

Reformists including the Maldivian Democratic Party continue to issue statements that the forthcoming general elections will not be free and fair. One central issue remains the registration of political parties. Mr.Nasheed said that the Maldivian Democratic Party was “organized, disciplined, with the system and structure to cooperate with the government in enabling political debates, rallies and conventions in an orderly manner”.

The elections are to be monitored by international bodies that will ascertain basic standards. Mr.Nasheed pointed out the added dimension of the Maldives parliament being signatory to the Inter Parliamentary Union that stipulates certain prerogatives for political association and assembly.

The British State Minister for Foreign and Commonwealth affairs Mr. Douglas Alexander echoed the international community’s concern stating that the upcoming parliamentary elections in the Maldives will be the test the international community will use to judge whether the Maldives President is genuinely committed to reform.

The European Parliament passed sanctions on Maldives after President Gayoom cracked down in August on the reform movement and a public rally, arresting hundreds. Since then the sanctions were put on hold after respective governments decided to allow a few months to Mr.Gayoom to make good on his promises.

In Mr.Douglas Alexander’s words, that time may soon be running out. “Without a free and fair election, the Maldives long-term stability and prosperity will be at risk”, he had stated in parliament recently.

“It is essential for the government to allow our registration which would be a huge indication of facilitating free and fair elections”, Mr.Nasheed said, adding that “it would not pose any problems or complications to the ongoing elections and reform processes. The fairness of these is paramount for posterity”.

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