HRCM Comes Out Fighting

Since the Human Rights Commission of the Maldives (HRCM) was established again on November 27, it has proven that it is not afraid to speak out over many issues.

That has been a surprise for many after the first Commission’s history was another sad chapter in Maldivian history, fraught with government meddling, argument and evasion of human rights issues, eventually leading to the organisation’s collapse.

But for many it will not come as a surprise that the newly formed Commission has refused to look into the controversial events surrounding the November 10 arrests leading up to a cancelled demonstration.

The Commission’s head, Ahmed Saleem, told Minivan News he was concerned an investigation might “exacerbate the problem” and that it was for the government and the MDP to work out the issues.

Events leading up to November 10 saw a government crackdown with over 100 people arrested in the run up to an opposition rally, which was later cancelled for fear of bloodshed. Many spent more than a month in jail and some are still incarcerated. Hunger strikes by some detainees were also allowed to progress dangerously far, leading to a situation where lives were at risk.

Allegations of multiple human rights violations and mental torture abound and many will be disappointed that the Commission is washing its hands of the controversial affair.

Speaking about the HRCM’s overall success so far, Saleem, the Commission’s head, said: “I personally feel we have not done badly, from what I hear from my friends,” but he added that he felt it was up to the public, journalists and others to evaluate their success.

The jury is still out for many. “They have got positive vibes, but in terms of results, it’s too early to tell,” says Chief Spokesman for the opposition Maldivian Democratic Party (MDP), Hamid Abdul Gafoor.

But in the new Commission’s first press conference last Thursday, held at its offices in Male’, it said it has received 161 cases this year, 59 of which it has closed. Since it formally began last month, 40 cases have been filed and 13 completed.

Some of those cases have centred on key issues in Maldivian politics and given the Commission an opportunity to have its say. And it has spared few from criticism.

So far, it has censured the police’s approach to gang warfare, the various charities and NGOs for their slow work in tsunami recovery and the government for its defamation regulation changes.

In a statement about the recent wave of gang violence in Male’, the Commission said: “It is sadly noted that during the attacks that took place on three consecutive nights, not enough effort had been made to stop it.” It went on to say: “We call on the peace keeping forces to do everything necessary to ensure that such incidents do not recur.”

The police insist they did their utmost to stop the troubles, but they have come in for harsh criticism from the local press, the Commission and the public.

On tsunami recovery, Saleem said: “Considering that it has been two years since the tsunami, we can say that there is not enough effort being made to provide aid to those affected.”

“We have received, and continue to receive a lot of complaints about that. We are looking into it,” he added. His remarks come after a barrage of criticism against the network of charities trying to redevelop tsunami struck regions.

Islanders in Kolhufushi, Meemu Atoll, have actually seen their situation worsen since the arrival of the British Red Cross. Not only do they still not have permanent houses (only 8 out of 1 200 are now living in permanent homes) but the charity’s work has also led to 400 coconut trees being cut down and agricultural land being destroyed. The Commission is due to visit the island soon.

The international community and media, including Bill Clinton and the UN, have said the charities’ response has been simply too slow and they still have not spent enough of the money they were given.

Regarding defamation, the government has withdrawn its proposal to make new changes to its regulations applicable four months in retrospect after the Commission said that such a change was unconstitutional.

The Commission’s ruling, which the President, Ahmed Saleem, described as “a matter of principle,” came after this website’s sister newspaper Minivan Daily filed a complaint against the government’s planned changes by ministerial decree.

But there still remain many concerns over defamation as a civil offence; not least the fact changes will not be debated by parliament before being passed. Instead they will be instituted by ministerial decree, without any due democratic process.

They will also allow for a fine and damages of up to Rf.1 000 000 (US$78 125), which in a country where 42% live on less than US$2 a day, is a huge amount. Blood money is only Rf.100 000, which is a sum that can be paid under Islamic law to the family of a murdered person, in order to absolve the killer of guilt, if the family agree to forgive.

So far, the Commission has made a strong start, but many challenges still lie ahead and more concrete results are needed if it is to show itself to be more than a paper tiger.