ICJ and former UN Special Rapporteurs to help Maldives strengthen judiciary

A delegation from the International Committee of Jurists (ICJ), led by two former UN Special Rapporteurs, will visit the Maldives September 13-18 to discuss a long-term engagement aimed at strengthening the country’s judiciary.

A statement from the Ministry of Foreign Affairs said the ICJ had agreed to work with the government on “a sustainable basis” to strengthen the judiciary and incorporate international standards into national law and practice, and build public trust in the legal institution.

The ICJ mission will be led by Dr Param Cumaraswamy and Dr Leandro Despouy. Dr Cumaraswamy was UN Special Rapporteur from 1994 to 2003 and has held roles including President of the Law Association of Asia and Chairman of the Human Rights Committee of the International Bar Association.

Dr Despouy was the UN Special Rapporteur from 2003-2009 and was previously the President of the UN Human Rights Commission.

The Foreign Ministry described the pair “as two of the world’s foremost experts on matters pertaining to the judicial sector and the separation and balance of powers between the judiciary and the other branches of government.”

During their visit in September the pair will decide the terms of reference for the ICJ’s engagement, and “gather information about the challenges to judicial independence and integrity, and report back with findings and recommendations.”

Minister of Foreign Affairs Dr Ahmed Shaheed said that while the country had taken “important steps” to increase independence and trust in the judiciary through parliament’s appointment of a Supreme Court last week, “Rome wasn’t built in a day and it is important that we, as a country and as a government, think long-term.”

Speaking to Minivan News earlier this month, the President’s member on the Judicial Services Commission (JSC), Aishath Velezinee, called for international arbitration of the judiciary, particularly disputes regarding the reappointment of judges under standards she argued were unconstitutional “and would deprive the nation of an honest judiciary.”

“We need an impartial investigation of what is going on. And I believe the Maldives does not have anyone able to conduct an impartial investigation. We need assistance,” she said.

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11 thoughts on “ICJ and former UN Special Rapporteurs to help Maldives strengthen judiciary”

  1. this news is like a breath of fresh air amid the polluted atmosphere...

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  2. The introduction of an international team such as this one being sent by the International Committee of Jurists will be hugely beneficial for our country. But only if the jurists themselves are willing to accept their help. Many of the judges and lawyers in the country couldnt give a damn about what the international community thinks.

    They would rather do things their own way, thinking that they are the supreme authorities about everything in their field and are not willing to learn about the collective experience that the ICJ represents. Pride and stubbornness seems to run in our veins and it would be a shame if all the ICJ team gets is smiles and false promises.

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  3. In a Khalifate with Shariah law, international jurists are of little use.

    Maldives is a Khalifate. Period.

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  4. Our more urgent need is for a similar team to teach international standards and practices to President Nasheed and his Ministers. Having an executive that recently tried to take over the supreme court by force, how can we expect the public to have confidence in any of our state institutions.

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  5. My dear Hameed, I am sorry to tell u what you should have already known to be a faithful citizen of this country.

    President Nasheed and the country's Judiciary has an obligation as Head of State. When the Attorney General of the country confirms that there is no legal Supreme Court bench after 12 midnight, and at the same time the temporary leading Judge of the Supreme Court bench repeated saying he is not in favor of the country's Attorney General, President took an obligatory action he must take by law. President has no chance to wait and see like our Head of Parliament to let things go, like the the 2 year period which was given the Parliament got to form a Judiciary but failed to do so instead kept canceling Majlis meetings at that critical time which Majlis Head must have made meetings go ahead...so my friend Hameed, please comment sense because your comment is not read by fools only but people with sense also read your comment

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  6. I totally agree with dhonbeyyaa. In the new system, our country has 3 Heads, a Chief Justice, Head of Parliament, Head of Government. Head of Parliament and Head of Government are already permanent but we had a temporary Judge who was leading the Supreme Court bench who was repeatedly claiming to that he was permanent whereas the country's Attorney General kept telling that was wrong. So, President Nasheed had every authority to stop such barbaric action since he is not only the Head of Government but also Head of State, meaning Head of all the 3 separated powers

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  7. President Nasheed took an important and urgent action as Head of State. He is not only the Head of Government. So, it was not possible for President Nasheed to wait watching a GAME usually comes up after a long term DICTATORSHIP. This is normal when a country's transition from a DICTATORSHIP to a DEMOCRACY, may be we are used to the 30 year old DICTATORSHIP i think. So we have to try to think better so that we can enjoy a DEMOCRACY

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  8. My dear Hameed, I am sorry to tell u what you should have already known to be a faithful citizen of this country.

    President Nasheed and the country's Judiciary has an obligation as Head of State. When the Attorney General of the country confirms that there is no legal Supreme Court bench after 12 midnight, and at the same time the temporary leading Judge of the Supreme Court bench repeated saying he is not in favor of the country's Attorney General, President took an obligatory action he must take by law. President has no chance to wait and see like our Head of Parliament to let things go, like the the 2 year period which was given the Parliament got to form a Judiciary but failed to do so instead kept canceling Majlis meetings at that critical time which Majlis Head must have made meetings go ahead...so my friend Hameed, please comment sense because your comment is not read by fools only but people with sense also read your comment

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  9. I appreciate the "objective" steps taken by the government. A trustworthy judiciary is the most important institution we need asap. I sincerely hope Maldivians will be more appreciative of positive moves by the government or opposition in the direction of national interest rather than wasting time in petty arguments.

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  10. I quote....“We need an impartial investigation of what is going on. And I believe the Maldives does not have anyone able to conduct an impartial investigation. We need assistance,” (Aishath Velezinee)

    She has a 100% valid point there, and as most here agrees this is needed assistance.

    And I quote:"Pride and stubbornness seems to run in our veins and it would be a shame if all the ICJ team gets is smiles and false promises." (Salim Waheed)

    Salim is very correct in assessing actual Maldivian mindset. This may be the end problem, ... real issue is "Ikhlas tharikan nethun"

    And real "Ikhlas therikan" is purity of faith, See Chapter 112, The Glorious Quran, Al-Iklas (The Purity of Faith)

    In Almighty GOD we Trust

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  11. @ Dhonbeyya, kara Waheed & Rasheed

    Please don't try that nonsense with me. President Nasheed does not have an obligation to take over the judiciary. In fact he has an obligation to refrain from meddling with the judiciary. It was another shameful and silly move by President Nasheed especially when all the appointees by Nasheed refusing to accept the appointments. Sadly Nasheed has proven to be a Dictator.

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