Category: Politics

MP death threats too frequent to report to public: MDP spokesman

MPs from the Maldivian Democratic Party (MDP) have again reported receiving death threats, with the party reporting messages sent numerous members its parliamentary group members on Thursday.

‘We will kill you all. God is great,’ read the most recent message received by MDP Spokesman Imthiyaz ‘Inthi’ Fahmy on Thursday (September 18).

“As far as I know, MDP PG leader Ibrahim Mohamed Solih, MP Mariya Didi, former Speaker Abdulla Shahid, Eva Abdulla, PG Deputy Leaders Rozaina Adam and myself, and MP Ali Azim have constantly been receiving death threat SMS’s,” Inthi told Minivan News today.

Former President Mohamed Nasheed has also received similar messages, said Inthi.

“We live in fear,” he added.

The growing culture of death threats has crossed the political divide, with Jumhooree Party (JP) leader Gasim Ibrahim the most high profile figure to receive such intimidation.

The JP has publicly accused political opponents of being behind the threats, which they have suggested are being sent using online phone duplicating software. The MDP has accused the government of failing to utilise its resources to find the culprits.

Journalists from outlets affiliated with both pro-government opposition parties have also been in receipt of threatening messages, prompting international concern.

Inthi revealed today that he had even received a threat after submitting a motion in the Majlis to discuss the missing Minivan News journalist Ahmed Rilwan last month.

“On the day I submitted the early day motion to Majlis about Rilwan case, I received an SMS to say ‘mind your business or else we will have to slit your throat’,” said Inthi.

Police have been working with local telecommunications companies to trace the messages, though the Communications Authority of Maldives has noted that threats sent from abroad or online are difficult to trace.

Discussing the problem today, the Maafannu North MP noted that such messages were becoming so commonplace that the party had ceased to publicise each and every incident.

“We have officially lodged these cases with the police, the Human Rights Commission of Maldives and the Majlis long ago but no action seems to have been taken by the authorities,” said Inthi.

The Inter-Parliamentary Union (IPU) noted last month that the official reaction to these threats would be a test of the country’s democratic credentials.

“IPU is deeply concerned by these acts of intimidation against MPs in a country where many parliamentarians have been victims of attacks, harassment and arbitrary arrests in recent years,” read a statement from the organisation.

“[T]he authorities’ response to the threats and their capacity to promote, with the help of the opposition, real inclusiveness and political dialogue will be a litmus test for the democratic process in the Maldives,” said IPU Secretary General Martin Chungong.

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Teachers Association calls an indefinite strike on Tuesday

Additional reporting by Zaheena Rasheed

The Teachers Association of Maldives (TAM) has announced an indefinite strike starting on this Tuesday (September 23) should the government not meet its demands for reform.

Members at a meeting held in Ameeniyya School on Friday night resolved to stop teaching indefinitely if the government did not adhere to demands which include revised pay, protection of teachers and students, acceptance of TAM, as well as general improvements to the sector.

“Once we strike, there is no turning back. The options are death or success. God willing, we will only stop once we have achieved success,” TAM president Athif Abdul Hakeem said at the meeting.

Teachers will repeat April’s ‘black protest’ by attending work dressed all in black tomorrow (September 21), and have promised to halt lessons on Tuesday if authorities fail to initiate talks by Monday.

“If the [government] does not make use of the opportunity for talks, we will strike indefinitely,” he said.

Despite repeated requests for discussions, the Education Ministry has refused to engage with the TAM, Athif said.

“We have expressed concern over issues in the education sector and called for talks in six different letters. They did not answer any letter or call for talks or give us information. This means they do not accept Maldivian teachers.”

Athif claimed education sector policymakers had deceived President Abdulla Yameen of the issues facing the education sector, and said he had hope Yameen would address the challenges.

“President Yameen does not know of the issues we teachers face. President Yameen has been deceived. Appointed leaders are showing him a different picture.”

The association has threatened direct action on a number of occasions in recent months.

“We are only asking to be treated fairly. There already is a huge gap between teachers’ pay and the pay for less qualified persons doing less work in other institutions. And now they have increased pay for some,” he told Minivan News in February.

“This is about their children’s rights, improving the education sector is a national issue. The less we spend on this sector, the more we will have to spend on prisons. But if parents don’t act, and if the government refuse to act, we will go on strike. But only as a last resort,” said Athif.

Prior to April’s demonstration, the government reportedly refuted the claims made by the Teacher’s Association, warning against any activities that might negatively affect students.

Athif has previously noted his organisation’s desire to continue teaching until all other options had been exhausted.

Other major issues raised by TAM have concerned improving the education sector and the quality of services provided. According to the association, qualified young graduates are turning away from the sector due to poor pay and working conditions.

In February the organisation also released a report titled, ‘Education sector in a deep pit’ which highlighted the state’s perceived “total disregard” towards the sector.

The report stated that 60% of schools in the Maldives are run without a principal, contrasting reduced spending on education with significant increases in areas such as the military, political posts, and independent institutions.

Individual teachers have highlighted insufficient overtime pay, overdue salaries, inadequate resources. and poor government oversight as major issues of concern,

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Human Rights Commission summoned to Supreme Court

Members of the Human Rights Commission of Maldives (HRCM) have been summoned to appear before the Supreme Court next week.

The summons closely follows the HRCM’s report for the UN Human Rights Council’s (HRC) Universal Periodic Review, submitted earlier this week which criticised the court’s growing powers.

“Judicial system is controlled and influenced by the Supreme Court, weakening judicial powers vested in other superior courts and lower courts,” wrote the commision for the HRC’s examination of human rights in the Maldives.

Members of the commission have revealed that the summons, originally for today (September 18) has been delayed until September 22 due to the current absence of members from the capital, Malé.

The President’s Office has today criticised the report, suggesting in particular that sections on the death penalty could mislead international opinion.

Minivan News understands that the letter of the Supreme Court summons says only that the HRCM is being summoned “for the purposes of the court”.

Changes to contempt of court regulations made in June authorised courts to initiate legal proceedings and punish individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

Contempt of court charges were also used to dismiss senior members of the Elections Commission (EC) just weeks before March’s Majlis elections.

Constitutionally protected testimonies given to the Majlis was included in evidence used to remove EC President Fuwad Thowfeek and Vice President Ahmed Fayaz for violating article 141 of the Constitution – which prohibits interference with the functioning of the courts.

The HRCM was accused of interfering in the work of the Juvenile Court earlier this year following a report on the infamous case of an abused 15-year-old sentenced to flogging. The court summoned commission members after suggesting the report contained false information.

Through a raft of regulations enacted in recent months, the Maldives Supreme Court has sought to consolidate control over administrative affairs of the judiciary.

The HRCM report to the UN said that “due to shortfalls in judicial system, functioning of the judiciary is often questionable on various grounds including independence, transparency, interference, influence, competency, consistency, and accessibility”.

Criticism and confusion

The report – part of a study of the human rights records of all 193 UN member states – has been criticised by the President’s Office, which has suggested the report was “very confusing” on the death penalty issue.

The ‘Child Rights’ section of the report calls for the abolition of the “death penalty” for minors after moves to end the 60-year moratorium earlier this year.

While the revised Penal Code, passed in April, ensures those under 15-years cannot be held criminally responsible, minors can still be charged for Hadd offences, with death sentences not carried out until 18-years of age.

“The Government of Maldives is not going to give the death penalty to children,” President’s Office Spokesman Ibrahim Muaz told Minivan News today.

Comments from the Swiss delegation on the Maldives’ death penalty policy, made during the general debate session of Tuesday’s HRC meeting, prompted an angry response from Maldivian counterparts.

After being criticised by the Swiss for changing legislation “to permit the death penalty for children as young as 7 years old”, the Maldives itself attacked statements “rooted on misrepresentation and media speculation”.

Legal sources told Minivan News that, while the new Penal Code does include the “immaturity excuse” – removing criminal responsibility from those under 15, Article 15c still allows for minors to be held accountable for hadd offences.

Human Rights Commission member Jeehan Mahmood has defended the overall report submitted for the UPR.

“It’s the one chance we get to bring the world’s attention to issues that the state chooses to ignore on domestic forums”.

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Nasheed urges President Yameen to take charge of Rilwan investigation

Expressing concern over progress in police’s search for missing Minivan News journalist, former President Mohamed Nasheed has called on President Abdulla Yameen to take charge of the investigation.

Evidence suggests Ahmed Rilwan was abducted at knifepoint outside his apartment in Hulhumalé on the early morning of August 8. Today is the 41st day since Rilwan disappeared.

“I call on President Abdulla Yameen to have the case of Rilwan’s disappearance investigated under his direct oversight,” Nasheed told the media after a visit to Rilwan’s family on Wednesday.

“Neither Rilwan’s family, nor we, can accept that the government is conducting a thorough investigation into this matter,” the opposition leader said.

“I believe that the Maldives Police and MNDF have sufficient capability to conduct an investigation like this. They have the experience, and the skill support. And yet, as I see it, they are not conducting an acceptable level of investigation in this case.”

Rilwan’s disappearance has caused great distress to his family, Nasheed said.

“Over 40 days has passed since Rilwan was last seen, and there are certain rituals that we must complete even in the religious regard as we are Muslims. Rilwan’s mother is deeply concerned about not getting the chance to do that,” he said.

Increase in violent crime

Rilwan’s disappearance is the most crucial problem facing the Maldives now, he said and called on civil society organisations, political parties, media outlets, the  government, the justice sector and the whole state to put in a more concerted effort to find Rilwan.

“Abductions are on its way to becoming commonplace. Knife attacks are increasing day after day. Dr Afrasheem was murdered. Before that, Hilath Rasheed was attacked. We do not know the truth behind these and many other such attacks,” Nasheed continued.

Police failure to solve multiple cases of violent crime and murder leads to the perception that politicians are involved in violent crimes, Nasheed said.

“As I see it, the Maldives is getting a bad name in the international community due to such crimes, and it will affect the tourism sector in future. If we don’t take proper action immediately, our situation will drastically deteriorate in the coming days,” he said.

“None of us will cease our efforts to find Rilwan. And I personally will do all possible to assist their efforts,” he said.

Rilwan’s brother Moosa Rilwan said Nasheed’s visit had given the family additional strength.

“During his visit, President Nasheed spent a lot of time listening to the concerns that our parents have. His concerned has given us more strength. We are now even more determined to keep working until we get answers,” he told Minivan News.

Suvaalu March

Rilwan’s family and friends have announced plans to hold a “Suvaalu March” (Question March) on Friday, September 19, to call attention to police failure to answer key questions regarding Rilwan’s disappearance.

“We call on everyone to join us in our efforts. It is important for every individual in our society to stand up against the violence and injustice now rampant in our community,” Moosa Rilwan said.

Atleast 31 people have been killed in the Maldives since 2007. Three were killed in August alone.

Rilwan’s friend and member of the march organizing team, Yameen Rasheed, said the aim of the walk was to hold the police accountable over failures in the investigation.

“As citizens sharing this same community, we have to hold the state accountable,” Yameen said.

While the march focuses on shortcomings in the investigation to find Rilwan, it will also raise concern over increase in violent crimes in the Maldives and police’s failure to provide security for citizens, he added.

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Prosecutor General’s Office drops charges against CNM journalist Haseen

Additional reporting by Zaheena Rasheed

The Prosecutor General’s (PG) Office has dropped criminal charges against Channel News Maldives (CNM) senior journalist Abdulla Haseen for obstruction of police duty during an opposition street protest in July 2012.

PG Muthaz Mushin told CNM yesterday that the decision to withdraw the case was made as the PG Office had found that such a case had not been prosecuted in the past after considering the incident and prosecuting guidelines.

Speaking to Minivan News, Haseen said the Prosecutor General’s Office has not yet formally informed him of its decision to withdraw charges.


“These are false charges raised by the state against press freedom and an attempt to defame me. They have absolutely no evidence. Until the Criminal Court annuls its court summons for September 28, I will go.”

A second hearing of the case had been scheduled to take place on September 28. Haseen had been accused of shoving police barricades at the Chandanee Magu-Orchid Magu junction and using obscene language to address riot police officers during an MDP protest.

At the first hearing of the trial, he pleaded not guilty and noted that he had attended political rallies and street protests to cover them as a journalist.

Haseen expressed concern over a “prevailing climate of press intimidation,” noting an increase in threats against journalists by anonymous sources, politicians, religious radicals and gangs, and arbitrary arrests by the police.

The Maldives now ranks 108th place in the Reporters Without Borders (RSF) Press Freedom Index for 2014, marking a decline in press freedom for the third consecutive year.

Minivan News journalist Ahmed Rilwan disappeared on August 8 and is believed to have been abducted. Today marks the 41st day since his disappearance.

Earlier this month, the opposition Maldivian Democratic Party (MDP) called on the PG and the government to drop the charges against Haseen.

“We note with regret that this is the first criminal prosecution of a journalist since the adoption of a democratic constitution in 2008,” the main opposition party said.

The MDP expressed concern with the filing of charges over two years after the incident allegedly occurred, noting that obstructing police duty was the most common charge pressed by the state.

“And we note with concern that Abdulla Haseen is being prosecuted at a time when the media in the Maldives is facing serious challenges with journalists assaulted, television stations torched, death threats made against journalists, personal safety of journalists lost, and a journalist believed to have been abducted,” the opposition party said.

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Maldives slams Human Rights Council critics after death penalty remarks

The Maldives has accused critics in the UN Human Rights Council of making statements “rooted on misrepresentation and media speculation”.

The response followed comments made by the Swiss delegation criticising the Maldives for its decision to allow the death penalty for minors.

“Switzerland condemns the recent decision of the Maldives Government to amend its legislation to permit the death penalty for children as young as 7 years old – this is a grave contravention of international law,” said the Swiss during yesterday’s session.

The Maldives has this year amended regulations regarding the death penalty as well as introducing a new Penal Code. Combined, the rules allow for the sentencing of a minor to death, though execution cannot be carried out until the offender is 18-years-old.

Using its right of reply, the Maldives pointed out that its new Penal Code – passed in April – granted the “immaturity excuse” to all those under the age of 15.

“The Maldives once again would like to state on record that this Council is mandated to do serious work and it is appalling that statements made here are rooted on misrepresentation and media speculation,” said the Maldivian delegation.

After announcing plans to end the 60 year moratorium on the death penalty in January, new regulations were finalised in April, enabling the state to carry out execution by lethal injection.

Legal sources have told Minivan News that, while the new Penal Code does include the “immaturity excuse” – removing criminal responsibility from those under 15, Article 15c still allows for minors to be held accountable for hadd offences.

The Maldives legal system follows a combination of common law and Islamic Sharia, with homicide considered a hadd offence warranting a sentence of death.

Informing the Human Rights Council of the new Penal Code, the Maldives delegation called it “a hallmark piece of legislation that is intended to modernise the criminal justice system of the Maldives and to bring it on a par with international best standards.”

In response to the Swiss remarks made during the general debate section yesterday’s session, the Maldives noted that it “holds the worlds longest moratorium on the death penalty”.

However, the government’s decision to end the unofficial moratorium on the practice has been met with global condemnation, with both the EU and the Office of the UN High Commissioner for Human Rights urging reconsideration of the decision.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the OHCHR.

Meanwhile, Amnesty International has called such moves a “retrograde step and a serious setback for human rights in the country”.

Following a wave of attacks in the country last month, resulting in three deaths, the Ministry of Home Affairs reiterated that it would not hesitate to implement the death penalty.

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GMR surprised with decision to give airport development to Chinese firm

Indian infrastructure company GMR has told media of its surprise that the development of Ibrahim Nasir International Airport (INIA) has been given to a Chinese firm.

“Sources in the GMR expressed surprise at the move by the Maldives government as it has entered in a new contract for construction work at airport without paying damages as suggested by the tribunal,” wrote the Economic Times today.

The preliminary contract agreement for the development of the airport was one of eight MoUs signed between the Chinese and Maldivian governments during the recent presidential visit by the Chinese President Xi Jinpeng.

The terms of the agreements have not yet been released to the media, though it was revealed that the new contract to develop the airport was given to Beijing Urban Construction Company Limited.

President Xi’s visit to the Maldives – part of his South Asia – tour was reported to have added to Indian concerns regarding Chinese ambitions in the region.

India’s GMR recently won the arbitration case filed against the Maldivian government claiming compensation for the premature termination of its airport development agreement made in 2012 during former President Mohamed Nasheed’s administration.

The company’s significant development plans included the construction of a new terminal and investment plans in excess of US$500 million.

The two phase arbitration case will now focus on determining the compensation owed by the government, with GMR claiming US$1.4 billion, a figure which amounts to around half the Maldives’ Gross Domestic Product (GDP).

Arbitration relations

Speaking about the arbitration case, Attorney General (AG) Mohamed Anil said that the compensation has been limited by a clause inserted during the original agreement, suggesting that the amount will not go up to the full amount being claimed.

Tourism Minister Ahmed Adeeb has since assured that the government has the capacity to pay the compensation.

“Our economy will grow with the special economic zone bill, and our government will become rich, we will overcome our budget deficit and god willing we will be able to pay any amount we have to,” he said shortly after the ruling in June.

GMR initiated the tribunal at a Singaporean Court after former President Dr Mohamed Waheed’s administration concluded that the GMR contract was void, giving the company seven days to leave the airport.

Speaking at a press conference, then AG Azima Shukoor stated that the decision to terminate the contract was reached after considering “technical, financial and economic” issues surrounding the agreement.

In response, GMR released a statement saying that the cabinet’s decision was “unilateral and completely irrational.”

The GMR case also appeared to prompt a cooling in diplomatic relations between India and the Maldives, with India tightening visa regulations for Maldivian travelers claiming that that decision had been made to draw attention to the treatment of expatriate workers within the Maldives.

While relations have improved during the presidency of Abdulla Yameen, Indian officials were reported to have expressed concern over President Xi’s visit this week – the first by a Chinese head of state to the Maldives.

“We’ve been off the ball a bit on the Maldives, and things are tricky again,” an official told the Telegraph. “The Chinese President’s visit to the Maldives is emblematic of that simmering unease.”

During his visit President Xi urged the Maldives to become part of his 21st century maritime silk road project, as well as signing an MoU for the promotion of a bridge between Malé and Hulhulé islands. Xi expressed his hope that the bridge would be named the ‘China-Maldives Friendship Bridge’

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Police used excessive force against demonstrators, says HRCM in UPR report

Police used disproportionate force against demonstrators during street protests in the aftermath of the transfer of power in February 2012, states the Human Rights Commission of Maldives’ (HRCM) Universal Period Review (UPR) report.

“HRCM observed during dispersal of demonstrations [Maldives Police Service] used disproportionate force which was at times discriminatory towards political parties, excessive and disproportionate use of pepper spray at protestors, inconsistency in issuing warnings before dispersal and obstruction of media,” reads the report.

“It was evident that some demonstrators were subjected to torture at the time of arrest.”

In June 2012, the Maldives Police Service (MPS) denied allegations of police brutality by Amnesty International, which had condemned the “excessive use of force” against demonstrators.

Amnesty’s statement followed its investigation of a police crackdown on a Maldivian Democratic Party (MDP) protest against the dismantling of the opposition party’s Usfasgandu protest camp on May 29 – a crackdown which included “beatings, pepper-spraying, and arrests”.

“Those attacked include peaceful demonstrators, members of parliament, journalists and bystanders,” said Amnesty.

The HRCM meanwhile recommended “action against officers who violate the laws, eliminating room for impunity.”

Last month, Attorney General Mohamed Anil told parliament that five police brutality cases from February 2012 were ongoing at court.

While it had concluded that the transfer of presidential power was constitutional, the Commonwealth-backed Commission of National Inquiry had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the HRCM concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

Torture and prisons

The HRCM revealed in the UPR report that a total of 304 torture allegations were filed at the commission, “of which 74 allegations have been investigated from 2010 to July 2014.”

“However, none of these cases were sent to prosecution due to lack of enough evidence to prove them in a court of law,” the report stated.

On pressing issues concerning the prison system, the report highlighted “the lack of categorisation, unavailability of rehabilitation and reintegration programs, unnecessary strip‐search and disproportionate disciplinary measures towards male prisoners and minors.”

“In custodials, issue of overcrowding, handcuffing for indefinite periods, extended detention for investigation purposes and failure to collate data in a systematic way are areas suggested for improvement over the years,” the report noted.

“In the only psychiatric institution of state, despite continuous recommendations for change, geriatric patients and patients enduring mental illnesses and [persons with disabilities] are accommodated without proper categorisation. Institution for children under state care is heavily under‐staffed. Inappropriate disciplinary measures against children under de facto detention persist in most institutions sheltering juveniles.”

Gang violence and juvenile justice

The HRCM also noted that gang violence and murders “increased at an alarming rate” in recent years.

“A study shows that many of these gang related violence are linked to politicians or business persons who pay gangs to carry out violent acts. Yet, state has been unsuccessful in effectively addressing this issue. So far 21 murder cases were recorded since 2010, most of which were gang related,” the report explained.

The reasons why youth join gangs include the “search of identity and protection” and unemployment, the report noted.

“With criminal records or inability to exit gang life makes it difficult for youth to find employment, rehabilitation opportunities and remain stigmatised by society,” the report stated.

“Although, human resource, rehabilitation and support programs remain limited for proper functioning of a juvenile justice system; the lack of political will along with resource constraints impacts addressing these issues.”

Referring to new regulations on enforcing death penalty, which allow minors convicted of murder to be executed once they turn 18, the HRCM called on the state to “abolish death penalty for minors.”

“The age of criminal responsibility is 15 years and minors can be held for hadd offence,” the report explained.

“Bills such as Criminal Procedure Code, Evidence Bill and Witness Protection needs to be enacted and state is yet to establish an independent forensic institution to provide accurate information to make an impartial decision on matters concerning administration of death penalty.”
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HRCM raises concern over growing religious conservatism in Universal Period Review

The Human Rights Commission of Maldives (HRCM) has submitted its Universal Period Review (UPR) report to the United Nations Human Rights Council (UNHRC), raising concerns over a growing tide of religious conservatism.

“There are roughly 400 children being withheld from attending school by their parents due to religious beliefs,” revealed the report made public yesterday, referring to an estimate from the education ministry in a 2011 assessment by the HRCM on child participation.

In a section titled ‘religious extremist ideologies,’ the HRCM referred to “reports of unregistered marriages encouraged by some religious scholars claiming that registering marriages with the courts are un‐Islamic and unnecessary.”

“State institutions acknowledge this information and raised concerns that children born to such marriages could face serious legal issues. Similarly women in such marriages are bound to face social and legal consequences,” the report stated.

“Conservative beliefs that promote women as inferior to men are being spread at an alarming level. Many women believe that their role in society is to be submissive wives and in raising children.”

In addition to outlining 18 thematic areas, the report provides updates on implementation of recommendations of the first UPR review in 2010, the HRCM noted.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs and human rights commissions. The Maldives’ review is scheduled to take place in April or May 2015.

Conservatism

“Increase in religious conservatism, cultural norms and stereotypical roles depicted by society inhibit women’s equitable participation in public life,” reads the section on women’s rights.

“Women remain under represented in all branches of the state and efforts to secure legislative quotas remain unsuccessful.”

The enforcement of the anti-Domestic Violence (DV) Act was meanwhile hampered by absence of procedures, inconsistencies in application by institutions, and “lack of sensitivity among law enforcement and judiciary”.

The police also failed to meet a legislative deadline on submitting a report to the family protection agency (FPA), the report noted.

“Limited capacity of investigators and their belief that such cases are family matters inhibit victims from getting redress,” it continued.

“FPA with a mandate to combat DV is not provided with necessary financial and human resources. Reporting of DV cases remain low as a result of lack of confidence in the system, fear of intimidation by perpetrators, stigmatisation and inadequate information on protection measures. There is no proper reintegration mechanism.”

Despite reports to the contrary from the state for the mid-term assessment of implementation of UPR recommendations, the HRCM said there were “no strict punishments to perpetrators of DV”.

The report observed that children born out of wedlock faced discrimination.

“Paternity testing is not admissible evidence in court and such a child would be denied father’s name, inheritance and child maintenance,” it stated.

While most reported cases of child abuse did not result in convictions, victims often “remain re‐victimized due to systemic failures” including “delays in obtaining evidence and overly strict evidentiary requirements.”

“The legal age of consent, along with societal attitudes to treat child abuse as private matter or to force child abuse victim to deny testimony in court to protect family honour as perpetrator is usually a family member providing financial support are factors that cannot be disregarded,” it explained.

“Moreover, state has fallen short to publish child sexual offender‘s registry. Additionally, overall functioning of victim support system is effected due to a weak child protection system that is under resourced, with inconsistencies in capacity and coordination.”

The report also noted that child marriages were registered in some cases as “the Family Act allows marriage of minors under specific conditions.”

Children were also “involved in commercial sex work,” the report noted.

“Many children migrate to Malé from atolls for education, remain vulnerable to domestic servitude and sexual harassment by host families,” the report stated.

Civil and political rights

The report noted the absence of laws to guarantee freedom of expression despite its assurance in the Constitution.

“Parliament Privileges Act can be used to force journalist to reveal their source, which could undermine the constitutional protection that journalists currently enjoy,” the report observed.

“There have been many reports of death threats to media persons and parliament members. State is yet to take realistic action to address these threats. The recent disappearance of Ahmed Rizwan Abdullah, a journalist and human rights advocate is of critical concern.”

The HRCM also raised concerns regarding the Freedom of Assembly Act, including “provisions of geographical limitations, lack of guidance on control of counter assemblies and requirement to accredit reporters.”

Human rights NGOs have faced intimidation from the state, it continued, while worker’s association perform the role of trade unions.

“Union members face numerous difficulties in exercising collective bargaining, tripartite consultations and work stoppage, as proper legal mechanism is not in place for dispute resolution,” the report stated.

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