Government’s respect for religious freedom declined in 2013: US State Department report

The Maldivian government’s “respect for religious freedom declined” last year, according to the US State Department’s 2013 International Religious Freedom Report published on July 28.

“The authorities did not recognise or respect freedom of religion and it remained severely restricted,” the report observed.

“Governmental pressure to conform to a stricter interpretation of Islamic practice increased, particularly in the lead-up to presidential elections.”

Moreover, press freedom was curtailed by the government using religious grounds, the report found.

“Some Muslims expressed concern about increasing ‘Islamic radicalism,’ though advocates of religious freedom generally believed the public was becoming more aware of the issue,” it added.

The report also noted incidents of “societal abuse and discrimination” based on religion, “including incidents against Maldivians who did not want to conform to a strict, conservative interpretation of Islam.”

“There was an increasing trend among political leaders to call for greater limits on religious groups and activities, and impose criminal punishments in accordance with Islamic law,” the report stated.

“The use of religion in political rhetoric increased substantially, which led to derogatory statements about Christianity and Judaism and harassment of citizens calling for a more tolerant interpretation of Islam. Anti-Semitic rhetoric among conservative parties continued.”

Religious freedom in the Maldives is restricted by law and the constitution, the report explained, which was enforced by the government.

“Restrictions were not enforced for foreign tourists on ‘uninhabited’ resort islands,” it added, noting that foreign workers were allowed to practice their religion in private while congregations, however, were banned.

Officials from the US embassy in Colombo meanwhile emphasised the importance of religious freedom to the authorities, the report noted.

“The embassy advocated the right of all residents of the country to practice the religion of their choice in the manner of their choosing, and encouraged efforts to promote religious tolerance.”

“Government practices”

Among incidents from 2013, the report highlighted the case of a 15-year-old rape victim sentenced to 100 lashes for fornication, which Amnesty International called the “tip of the iceberg” of the country’s treatment of victims of sexual abuse.

The Ministry of Islamic Affairs exercised control over religious matters, the report noted, and set standards for imams to “prevent ‘extremist’ teachings from gaining ground.”

The report referred to Islamic Minister Dr Mohamed Shaheem Ali Saeed claiming in February 2013 that Islam was threatened by a “strong psychological war” conducted by Christians and Freemasons.

In his Eid sermon last week, Shaheem reportedly warned of efforts by elements within and without to “destroy” the Islamic ideology of the Maldives through psychological tactics.

The report also noted the Maldives Media Council’s investigation of Minivan News in late 2012 at the behest of the Islamic ministry concerning an alleged breach of the religious unity law by allowing a comment deemed anti-Islamic.

Meanwhile, during 2013, “discrimination, intolerance, and harassment of individuals calling for any discussion of a different kind of Islam increased,” the report observed.

“Politicians manipulated the public discourse by calling into question the Islamic values of political rivals and effectively stopped constructive discourse on social issues,” it explained.

“This created a culture of self-censorship and fear as politicians, civic figures, and journalists were unable to initiate discussions on Islamic values or basic human rights.”

The NGOs Jamiyyathul Salaf and the Islamic Foundation of Maldives “worked closely with the country’s political parties to promote strict, conservative Islam” while the Adhaalath Party (AP) “further limited the civil, political, and religious space for any outlook that did not align closely with Sunni Islam.”

The report referred to street protests in April led by the self-titled ‘National Movement – comprised of NGOs and the AP – “calling for presidential candidate and ex-President Mohamed Nasheed of the Maldivian Democratic Party (MDP) to be ‘hanged’ for apostasy.”

It noted that former Foreign Minister Dr Ahmed Shaheed observed at the time that anti-Semitism, racism, xenophobia, and religious intolerance were “deeply entrenched” in the political discourse.

Moreover, a group of religious scholars issued a pamphlet in October urging Nasheed to “repent” for his alleged anti-Islamic policies, the report noted.

“The religious/irreligious rhetoric grew wider in the lead-up to presidential elections,” the report continued, referring to “laadheenee (irreligious) graffiti targeting MDP supporters” spray-painted on walls across the capital.

“Public pressure for women to conform to a narrow standard of appropriate dress intensified, and women who did not wear a veil were reportedly harassed,” the report observed.

“On the other hand, those who wore a full face-covering veil were subjected to public harassment and derogatory comments.”

Press freedom NGO Reporters Without Borders meanwhile labelled local extremists groups “predators of freedom of information,” the report noted. Such groups were accused of “misusing free expression to promote a religious agenda, using religious arguments as a ‘political and social weapon,’ and ‘resorting to violence, and even murder, to silence dissenting opinions.'”

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Protestors continue call for Israeli tourism ban

With additional reporting by Ahmed Rilwan

A group of 30 people have held a motorbike rally for the fourth consecutive night in Malé urging the government to ban tourists from Israel.

The group – consisting mostly of men – set off from the Social Center on Majeedhee Magu at 11:00 pm on Thursday night. They carried megaphones and black flags with the Shahadha or the Islamic creed declaring the oneness of Allah and the acceptance of Mohamed as Allah’s prophet.

“Expel Israeli tourists!” they chanted and also called for the expulsion of anyone who assists Israel.

The serial protests come in the aftermath of a tourist vandalizing an anti-Israeli placard featuring the swastika along with the Israeli flag on the island of Thulusdhoo on Monday night.

A few hours later, a group of men from from Malé went to Thulusdhoo to demand Israelis be expelled from the country. Subsequently, the Maldives Police Services had to evacuate 34 tourists from the island.

Anti Israeli sentiment has been growing in the Maldives with the mounting death toll in Gaza. Over 1400 people have been killed in the war, Palestinian officials have said.

Protestors in Malé have vowed to continue rallying until the government bans tourists from Israel.

Rally organizer and religious NGO Jamiyyathul Salaf’s President Sheikh Abdulla bin Muhammad refused to speak to Minivan News, alleging irreligious content on the website – a claim Minivan News has consistently denied.

On previous nights, Israeli flags were burnt and protestors gathered in front of Islamic Minister Dr Mohamed Shaheem Ali Saeed’s residence. However, police have now set up barricades infront of the minister’s house and protestors were prevented from accessing the area on Thursday.

The police, in a statement on Wednesday, called on the public to refrain from any acts that may cause anxiety to tourists.

Noting the growth of guesthouse tourism on Thulusdhoo, police said any unrest on the island will affect local businesses. Tourists’ safety must be assured, the police said, adding that unrest may cause irreparable damage to the country’s economic mainstay.

Nine guesthouses have now been registered in the Thulusdhoo. The island – just forty minutes from Malé – is home to one of the countries’ top surf breaks, with a majority of bookings coming from Israeli surfer.s

Mohamed Hashim, a local guesthouse owner, said approximately 60 percent of his bookings came from Israelis.

“It is a big blow for our business. There are three months of surfing left. I don’t know what we will do now,” he told Minivan News on Tuesday.

President’s Office Spokesperson Ibrahim Muaz Ali was not responding at the time of press.

Minister at the President’s Office Mohamed ‘Mundhu’ Shareef told the AFP on Thursday that Israelis must remember they are visiting a 100 percent Muslim country.

“We have not banned them, but Israeli tourists must remember that they are visiting a 100% Muslim country,” Shareef said. “We unequivocally and unconditionally support the Palestinian cause.”

On July 21, the government announced a boycott – admittedly symbolic – of Israeli products and the annulment of all cooperation agreements signed since the resumption of diplomatic ties in 2009.

“I do not think Maldivians want any help from Israel or want to keep up relations with Israel,” said Foreign Minister Dunya Maumoon who has described recent attacks on UN shelters in Gaza as “cowardly and shameful”.

During last week’s meeting of the UN Human Rights Council, the Maldives joined 28 other member states in calling for an independent inquiry into Israel’s violations of international humanitarian and human rights laws in Palestine.

An estimated 13,000 marching through the capital Malé in solidarity with Palestinians earlier in July. Smaller demonstrations were held throughout the country.

Maldivian citizens have also donated over MVR2million (US$130,000) to the Gaza Fund which will be distributed via the Qatari Red Crescent after August 17.

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Three dismissed in ongoing strike at Palm Beach Resort

Three senior staff at Palm Beach Resort in Lhaviyani Atoll have been dismissed after 50 staff staged a strike over alleged discriminatory polices at the resort.

According to a staff member on strike at Palm Beach, 50 housekeeping and food and beverage personnel at the resort stopped work at 10:00pm on Tuesday night following a public dispute between General Manager Fabrizio Dani and Restaurant Manager Ali Ashraf.

“We are calling for the removal of general manager from the resort also calling for an end to discriminatory policies between the European and Maldivian staff here,” Ahmed Abdulla told Minivan News.

He claimed the Maldivian staff were fed poor quality food compared to their European colleagues and said the management had failed to provide adequate arrangements for breakfast during Ramadan.

“We were not even given dates to break our fasts,” he said. “We will continue with our strike until demands are met.”

There have been no negotiations between the workers on strike and the management yet, Abdulla said.

In addition to Ashraf, Assistant Manager Ilyas Ibrahim and Supervisor Abdulla Mohamed were dismissed last night. The three have now left the resort.

Speaking to Minivan News, Ashraf said his dismissal had been “unfair.” He alleged the management of Palm Beach resort employed Russians, Italians, and Bangladeshi workers without work visas.

He also claimed the resort’s management had failed to sign employment contracts with the staff and were not paid for overtime work.

Minivan News was unable to contact either Fabrizio Dani or Palm Beach Resort despite repeated attempts.

In March, 18 members of staff at Vilu Reef Resort were fired after a petition detailing grievances. Workers at Maldives Airports Company Limited (MACL) also staged a strike in the same month over low quality of food and cuts to annual bonus pay outs.

Maldivian staff at One and Only Reethi Rah also held a strike in January over alleged ill-treatment by the management.

In a similar case in September 2013, staff at Irufushi Beach and Spa resort reported a “firing spree” affecting staff members professing to support the Maldivian Democratic Party.

According to the Freedom of Peaceful Assembly Act 2013, tourist resorts, ports, and airports fall into a category of places in which protests are prohibited.

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Five injured in spate of street violence in Malé

Four men and a woman sustained serious injuries in four separate incidents of violence in Malé City on Monday and Tuesday, the Maldives Police Services have said.

The first incident took place near the Eid Mosque in Maafannu ward around 7:40pm. Muggers attacked a pedestrian from the back and demanded he hand over his mobile phone. The man was hit on the back of his head, police said.

Minutes later at 7:45pm, two men were attacked in Malé’s suburb Hulhumalé Island near Flat no. 60. One of the men was stabbed in the shoulder and the other was stabbed in his head, the police said.

At 8pm, two masked men on motorbikes stabbed a 23-year-old woman in the back in front of a known gang hangout at the junction of Kalhuhuraa Magu and Husnuheena Magu in Malé. The ADK Hospital in Malé said the woman had suffered serious injuries.

An 18-year-old was also stabbed in the back in Heinveiru ward of Malé at 8:40pm on Monday.

All five have been hospitalised.

Police said they do not know if the attacks were connected and declined to reveal further details.

According to the police no arrests have been made yet. However, police have confiscated a motorbike in connection with the attack on two men in Hulhumalé.

Police statistics reveal 95 incidents of assault reported in July alone. The number brings up the total number of assault cases to 697 this year. Approximately 1500 cases of assault are reported annually in the Maldives, of which a majority occur in Malé.

A 2009 study by the Human Rights Commission of the Maldives (HRCM) has identified a weak criminal justice system to be the root cause of high crime rates in the Maldives. The HRCM said delays in court processes, failure by law enforcement agencies to implement sentences and failure to prosecute drug traffickers also contribute to growing crime rates.

The study also highlighted social factors such as a housing crisis, lack of employment opportunities, and lack of entertainment facilities for young people as a driver of crime.

Approximately 43 percent of respondents in the HRCM survey said they did not feel safe in their Malé homes, while 63 percent said they do not feel safe walking alone on the streets of Malé during daylight hours.

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Israeli tourists evacuated from Thulusdhoo after local unrest

Security services evacuated 34 tourists from Kaafu Thulusdhoo Island following unrest after an Israeli tourist destroyed an anti-Israel placard yesterday (July 28).

Thirty Israeli tourists, and four of other nationalities, agreed to be evacuated last night after police intelligence revealed that more protesters were travelling to the island to join those calling for the guests’ removal.

Managing Director of the Batuta Maldives Surf View Mohamed Hashim said the incident occurred outside his guest house, after an Israeli surfer took down a placard featuring a swastika alongside the Israeli flag and snapped it in two.

Anti-Israeli sentiment has been growing in the Maldives as the escalating conflict between Israel and Palestinians continues to result in heavy civilian casualties in Gaza.

As news of yesterday’s incident spread locals became agitated, explained Hashim, who subsequently informed Island Council President Ahmed Anees. Anees then contacted the police.

Around 30 additional protesters subsequently travelled to Thulusdhoo from Malé and were detained upon arrival, said Anees, being kept at the local station and the island’s social centre.

“Police intelligence said that more were coming from Malé,” explained Anees. “They said it was the best thing that they leave for the night.”

A police spokesperson has said that they provided assistance to the Thulusdhoo Island Council and the Ministry of Tourism, although they declined to give further details.

Neither Anees nor Hashim were certain of the guests’ current whereabouts while officials from the tourism ministry were not responding to calls at the time of publication.

Anees explained that 10 tourists – all non Israelis remained in – the island, while those protesters detained by police were released after the Israeli tourists’ evacuation at midnight yesterday.

Thulusdhoo guest houses

Nine guesthouses have been registered in Thulusdhoo since the relaxation of guest house policy in an industry still dominated by the high end one island/one resort model.

The island – just forty minutes from Malé – is home to one of the countries’ top surf breaks, with a majority of bookings coming from Israeli surfers, explained Council President Anees.

“This is a big loss for us because most of the people depend on guest houses,” he explained, pointing out that this type of incident was unprecedented on the island.

“It is a calm island. Only a few people were involved in this thing,” he explained, suggesting that the unrest had been fomented by outsiders from Malé.

Guest house manager Hashim – who lost all 8 of his guests last night – also suggested that the incident may have been due to the large number of non-locals present on the island for the Eid holiday.

“There have been no problems since we opened two years ago. Tourists are always very friendly with locals,” said Hashim who noted that around 60 percent of his bookings came from Israelis.

“It is a big blow for our business. There are three months of surfing left. I don’t know what we will do now.”

Israeli tourists represent only a small fraction of tourist arrivals to the Maldives, making up just 0.3 percent of the more than one million people who visited the country in 2013.

Anti-Israeli sentiment

The incident in Thulusdhoo was followed by small but vocal protests in the capital Malé during which protesters burned the Israeli flag.

Maldivians have been increasingly active in their calls for an end to the bloodshed in Gaza, with an estimated 13,000 marching through the capital Malé in solidarity with Palestinians earlier this month. Smaller demonstrations were held throughout the country.

Last week the government announced a boycott – admittedly symbolic – of Israeli products and the annulment of all cooperation agreements signed since the resumption of diplomatic ties in 2009.

“I do not think Maldivians want any help from Israel or want to keep up relations with Israel,” said Foreign Minister Dunya Maumoon who has described recent attacks on UN shelters in Gaza as “cowardly and shameful”.

During last week’s meeting of the UN Human Rights Council, the Maldives joined 28 other member states in calling for an independent inquiry into Israel’s violations of international humanitarian and human rights laws in Palestine.

Maldivian citizens have also donated over MVR2million (US$130,000) to the Gaza Fund which will be distributed via the Qatari Red Crescent after August 17.

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President has reduced home minister’s powers, claims Haveeru

President Abdulla Yameen has reduced the powers of Home Minister, local news agency Haveeru has claimed.

Citing an unnamed senior government official, Haveeru said Yameen’s decision comes in response to Home Minister Umar Naseer’s order on low ranking police officers to investigate Tourism Minister Ahmed Adeeb for alleged unlawful activity.

In a separate report, Haveeru has also claimed Naseer in a January 26 confidential letter requested the Maldives National Defense Forces (MNDF) to provide an armed military bodyguard or a pistol to defend himself.

Naseer declined to comment on both allegations today. Meanwhile, President’s Office Spokesperson Ibrahim Muaz Ali also refused to comment on the issue and said all cabinet ministers are authorized with the necessary powers to carry out their responsibilities.

Speaking to Haveeru earlier, Muaz denied the reduction of the Home Minister’s powers and  said there have been no changes in the Home Minister’s mandate or powers.

Powers

According to Haveeru, Yameen limited the Home Minister’s powers because Naseer had given direct orders to low ranking police officers without consulting the president. The investigation order came in the second week of July after the commissioner of police delayed investigations into the alleged wrongdoing, Haveeru reported.

Adeeb co-chairs the cabinet’s economic council along with Yameen and is the deputy leader of Yameen’s Progressive Party of Maldives (PPM).

Article 16 of the Police Act allows the home minister to command individual police officers of any rank, and gives him powers equal to that of top level police officials. However, the same article also states the president may limit these powers.

Referring to a police mutiny which unseated former President Mohamed Nasheed in February 2012, Haveeru’s source claimed Yameen may have reduced the home minister’s powers to prevent another ‘February 7’. Police officers had demanded Nasheed’s resignation claiming the former president had issued unlawful orders.

Naseer had also allegedly ordered a probe into the controversial arrest and expulsion of Russian national Roman Valerevich Seleznyov earlier this month, Haveeru said.

Speaking on state broadcaster Television Maldives last week, Naseer had said the Maldivian government would have “acted differently” if the Home Ministry had been aware that an alleged hacker expelled on July 5 was the son of a Russian lawmaker.

Haveeru also claims to have received a copy of a confidential letter Naseer had sent to Minister of Defence Mohamed Nazim on January 26. In the letter, Naseer allegedly wrote, “Maldives Police Service intelligence has received information of a plot to attack me. In this regard, if I was attacked with a sword, my securities can not control that.”

But the MNDF have refused to comply with the minister’s request and security for Naseer continues to be provided by an unarmed police officer and a personal bodyguard, Haveeru reported.

Tension with Yameen

Naseer has previously accused Yameen of illicit connections with local gangs and drug cartels. Naseer’s comments came after Yameen beat him in the PPM’s presidential primaries in 2013. Naseer has also suggested Yameen’s involvement in the murder of PPM MP and Islamic scholar Dr Afrasheem Ali.

Naseer was then expelled from PPM and went on to back Jumhooree Party (JP) candidate Gasim Ibrahim. The JP placed third and endorsed Yameen in the second round of polls on the condition that the two parties form a coalition government.

After appointed as home minister, Naseer has said his allegations against Yameen were untrue and were mere ‘political rhetoric.’

The coalition was dissolved in May on a dispute over the parliamentary speakership. Two of the four JP ministers have signed on to PPM, and the third was dismissed. Naseer is the only remaining minister on a JP slot.

He is being prosecuted for ‘disobedience to orders’ regarding a January 2012 incident in which he called on anti-government protesters to storm the military headquarters with 50 ladders.

The Prosecutor General’s (PG) Office is charging Naseer with violating Article 8 (a) of the General Laws Act of 1968, which prohibits speech or writing contravening Islamic tenets.

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President Yameen’s Independence Day address “cartoonish,” says Nasheed

President Abdulla Yameen’s address to the nation on Independence Day was “cartoonish,” former President Mohamed Nasheed said on opposition-aligned private broadcaster Raajje TV Saturday night (July 26).

Responding to the president’s claim that opposition parties were inciting unrest and sabotaging the economy, the opposition leader contended that Yameen’s intention was to deflect attention from his administration’s failure to “fulfil the hopes of the people”.

Yameen’s remarks were “uncivilised, outmoded, and unacceptable,” the Maldivian Democratic Party’s (MDP) acting president said.

At a time when the Maldives was facing a sovereign debt crisis and the president’s mandate was in doubt following the dissolution of the coalition with the Jumhooree Party, “I hear such talk as very cartoonish,” Nasheed said.

Nasheed added that the public would not be intimidated by veiled threats and insisted that democratic progress achieved in the present multi-party system could not be reversed.

Yameen had said the government would not allow the country to be plunged back into turmoil and accused opposition parties of “deliberately trying to disrupt stability by creating a spirit of unrest in society.”

If Yameen was implying that he would restrict the rights to free expression, assembly and peaceful political activity, Nasheed said the Maldivian people would “once again rise up”.

“Bleak” economic outlook

In addition to compensation owed to GMR for the premature termination of a concession agreement to develop the Ibrahim Nasir International Airport – which he predicted would not be lower than US$500 million – Nasheed said the Indian EXIM bank was also seeking between up to US$150 million.

Moreover, the State Trading Organisation has incurred a debt of US$150 million in unpaid bills to the Emirates National Oil Company, Nasheed claimed.

The economic situation was “bleak” with dwindling foreign currency reserves, a stagnating fisheries industry, and declining tax revenue, Nasheed contended, adding that the government could not afford to pay compensation to GMR.

The current administration might be planning to “settle the economic and financial system of the Maldives” with “large amounts of black money” from suspicious foreign investors, Nasheed continued, but such plans could not succeed due to domestic and international oversight.

Reiterating criticism of the government’s flagship special economic zone (SEZ) legislation, Nasheed said the Maldivian government would have less authority in the SEZs than the authority it exercised in Gan during British occupation.

The SEZs would be used for illegal businesses and “money laundering” by international criminal organisations, he claimed.

Nasheed had previously dubbed the legislation the ‘Artur Brothers bill’, referring to an infamous pair of Armenians linked with money laundering and drug trafficking who made headlines last year after they were photographed with cabinet ministers.

A system of decentralisation with local councils granted ownership of land was necessary for increasing home ownership, Nasheed continued, which was was essential for individual liberty.

The SEZ bill would, however, remove land from the jurisdiction of island councils, he explained.

The government maintains that SEZs with tax breaks and other incentives were necessary both for foreign investors to choose the Maldives over other developing nations and to launch ‘mega projects.’

“Castles in the air”

Referring to the Ihavandhippolhu Integrated Development Project or ‘iHavan’ – which President Yameen said would be undertaken once the SEZ bill is enacted into law – Nasheed said an assessment conducted by the World Bank at the request of former President Maumoon Abdul Gayoom’s administration found that it posed “very delicate problems”.

Development of a transhipment port in the northernmost atoll and carrying out activities there that were “contrary to Indian foreign policy” would adversely affect Maldivian independence and sovereignty, Nasheed warned.

Nasheed also argued that guest houses businesses on inhabited islands were more beneficial to the populace than luxury resorts on uninhabited islands.

The direct benefit to island populations from SEZs would be even smaller, he added.

The SEZs and the touted mega projects were “castles in the air,” Nasheed said, “[but] if you plant a small tree in your home, you will see it grow.”

Asked about several MDP MPs voting in favour of approving Muhthaz Muhsin as the new prosecutor general, Nasheed said he does not give instructions to the parliamentary group.

MPs did what they believed was right based on political considerations, he added, insisting that the MDP was too “resilient” with its ability to “absorb shocks” for the party to be split over the issue.

Division and strife within the ruling Progressive Party of Maldives, however, would reach “extreme” levels, Nasheed suggested, after its MPs voted for Muhsin in defiance of Gayoom’s appeal for them to vote for his nephew Maumoon Hameed.

Nasheed predicted that President Yameen will force his half-brother Gayoom into exile abroad, which had happened to former rulers in the past.

“Maldivian history is repeating again,” he said.

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Supreme Court enacts new contempt of court regulations

The Supreme Court has enacted new regulations authorising 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.

The contempt of court regulations (Dhivehi) promulgated on July 24 states that its purpose is “establishing justice, removing obstacles to trials, and upholding the honour and dignity of courts.”

“Contempt of court is a crime. And holding courts and its judges in contempt, and committing any act that could diminish the honour and dignity of courts is against Article 141(c) and (d) of the Constitution,” states section three of the regulations.

Spoken or written words as well as deeds and gestures that constitute contempt of court include portraying the judiciary in a negative light, an utterance or action that demeans a court, a judge, or court officer, “criticising or berating a court or a judge, or committing any act that causes loss of respect and dignity of a court or a judge, or attempting to bring the court into disrepute.”

Other actions include obstruction of ongoing trials, non-compliance with court orders or verdicts, refusal to provide testimony at a trial, refusal to answer summons to appear at court or flying overseas without permission, and use of obscene language inside a courtroom.

Additionally, causing physical harm to a judge or a court officer, damaging court property, bringing cameras or recording devices into courtrooms without permission, leaving a courtroom during ongoing proceedings, causing disorder at a trial, and using a public forum or the media to unduly influence an ongoing trial would also be considered contempt of court.

Initiating proceedings

While judges could immediately take punitive measures for contempt of court either during trials or within court premises, the regulations stipulate that the state must press charges and initiate criminal prosecution for words or deeds constituting contempt of court outside a courtroom.

However, the Supreme Court, High Court, and lower courts could initiate proceedings if either is the target of the contemptuous remark or action.

The apex court meanwhile has the discretion to initiate proceedings in cases involving contempt towards any court or judge.

If an institution exhibits contempt of court, the regulation states that its most senior official must bear responsibility and face charges.

The accused party in contempt of court trials would have the right to seek legal representation and defend themselves verbally or in writing. An odd number of judges must preside over such trials.

The accused could avail themselves of legal defence arguments used in criminal trials while evidence presented at such trials “with good will or intention to assist in the dispensation of justice” would not be considered contempt of court.

While providing information to the public regarding ongoing trials “truthfully and impartially” is permissible, the regulation states that courts could prohibit dissemination of information at its choosing.

Punishment

Persons found guilty of contempt of court during proceedings at a hearing or trial could be sentenced to up to 15 days in jail, placed under house arrest for up to one month, or fined up to MVR10,000 (US$649).

For other cases of contempt of court during proceedings or inside court premises, the regulations state that persons could be sentenced pursuant to Articles 85 through 88 of the penal code.

However, section 13 – which deals with punishment – does not specify the punishment for instances of contempt of court outside the courtroom

Moreover, sentences passed during proceedings or following a contempt of court trial cannot be appealed at a higher court. However, the Supreme Court has the authority to take measures or issue orders while a contempt of court trial is ongoing at a lower court.

‘Sumoto’

On March 9, less than two weeks before the parliamentary elections, the Supreme Court stripped former Elections Commission (EC) Chair Fuwad Thowfeek and Deputy Chair Ahmed Fayaz of their membership in the independent commission over contempt of court charges.

The Supreme Court had summoned EC members on February 27 and began a surprise trial on charges of contempt of court under new ‘sumoto’ regulations – promulgated in February – that allow the apex court to initiate proceedings and act as both prosecution and judge.

Meanwhile, in January, the Supreme Court suspended former Attorney General Husnu Suood and ordered police to investigate the lawyer for alleged contempt of court. The Prosecutor General’s Office, however, dropped the charges in March.

The former AG had represented the EC in an election annulment case before being ejected and barred from proceedings.

Moreover, the court also sought criminal charges against opposition-aligned private broadcaster Raajje TV over a report criticising the judiciary while Chief Justice Ahmed Faiz Hussain threatened legal action against media organisations or journalists who disseminate false or inauthentic information concerning the judiciary.

Opposition Maldivian Democratic Party MPs Alhan Fahmy and Imthiyaz Fahmy were meanwhile charged with contempt of court for criticising the apex court on Raajje TV.

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Comment: Open letter from refugee Abraham Naim to people of Maldives

Abraham Naim is a Maldivian who claimed asylum in New Zealand last year for fear of persecution at home due to his homosexuality – a crime under the Maldives’ Shariah-based legal system.

Naim made international headlines last month after New Zealand media wrote about his prize-winning drag act, performed under the pseudonym Medulla Oblongata.

To the people of the Maldives,

There have been a lot of things said about me in the media back home, and I would like to say a few things in response.

Firstly, I am not a transgendered woman, I am a drag queen. What I do is performance art. I do not wish to live as a woman. I entertain people and talk about issues that have affected me while living in the Maldives and abroad.

I am not crazy and I am not a monster. I believe in human rights for all Maldivians, and for all the people of the world. I am exercising my right to self-expression. I care deeply about people no matter how they happen to present themselves physically. Human rights are for all people, no matter how they choose to live their lives.

Some of you think I am an example of what is wrong with Maldives’ society.

I am not what is wrong with Maldives’ society. Kleptocracy is what is wrong with Maldives’ society. Child prostitution is what is wrong with Maldives’ society. State sponsored drug trafficking and addiction is what is wrong with Maldives’ society. Poverty and corruption is what is wrong with Maldives’ society.

I am a Maldivian and proud. I ask all of you that you to take a good look at your situation in the Maldives, rather than at me. You may try and dismiss what I have to say, but try to see the truth: you live in the country that I fled. My asylum was absolutely legitimate. You live in a place deemed one of the twenty-five worst places to live in the world.

I refer you all to the Biological Behavioural Survey of the Maldives done in 2008. The survey was done in conjunction with the UN, WHO, and UNESCO.  It discovered the illness in our society. It exposed the truth that HIV rates climb as people fall victim to something so easily preventable through education, that drug use begins as young as eight in the Maldives, that injecting drug use starts as young as twelve in the Maldives; that prostitution also begins as young as twelve in the Maldives; and poverty and inequality hangs in the air like an odourless gas.

This is not the way society should function. The children of the Maldives, YOUR CHILDREN, are being terrorised and destroyed by this evil – and yet here you all are getting upset by one little drag queen.

Some of you have asked me if my friends and I have lost our minds.

We have not lost our minds, we are exercising our freedoms. I can’t tell if your comments imply disbelief in my lifestyle or a misplaced religious concern for my immortal soul, but let me explain something to you: I am doing nothing wrong by living my life the way I want to, the way that makes sense to me. The way that makes me feel happy.

I am an honest person; what you see on my pages is how I think and feel, and there is nothing in our culture that prohibits me from doing so. I believe you are making up the rules as you see fit, based on the ideas you have about the world and what you feel comfortable with. As the French political thinker De Tocqueville noted, ‘society has a network of small, complicated rules that cover the surface of life and strangle freedom’. These small, silly rules oppress you just as much as they oppress me. How are they serving you exactly?

To all the Maldivian people who are messaging me on social media:

Many of you have been messaging me just saying “hello” and do not know what to say when I message you back. I am a busy drag queen and I am not able to try and befriend all of you, particularly as I never know whether your intentions are hostile or not. If you have something that you want to say, something thoughtful to say, please say it. Otherwise you are free to read my posts to find out what I think.

Some of the messages I get from you have asked me to come back to the Maldives to be some sort of political activist and fight for your rights. If I go back to the Maldives I will almost certainly be killed. The request to come back irritates me no end. I have only just been granted asylum, I am only just settling into my new country and the upheaval I went through in becoming a refugee was enormously upsetting.

I had to leave knowing I would never see most of the people I truly care about ever again. I would not see the young children in my extended family grow up and become adults, and I would have to leave a part of my life behind forever.

If you want to change Maldives society, then change it. The old fat men in power who squeeze the life out of our country only have as much power as you give them. You can be the change that you are looking for.

It may no longer be my place to try and force new ideas on this country that perhaps cannot, or will not change before it slips back into the Indian Ocean, but I still believe all of you deserve so much better. I will not censor myself because what I have to say might make others feel uncomfortable. That I cannot control.

Although I am abroad I promise to keep fighting for what I believe in – civil and human rights. I am always happy to hear your stories. I am happy to talk about the oppression you are facing, my door is always open, and I will always support you.

Before I am a drag queen, before I am a gay man, and before I am even a man, I am human.

As the philosopher Kierkegaard once said; to label me is to negate me. It may make it easier for you to see me as the enemy, but I am simply a person trying to live my best life in peace and happiness, and I wish the same for all of you.

I promise to do everything I can to bring your voices to the international stage. I know how hard it can be. I have lived it.

Live the life you want.

Sincerely,

Medulla Oblongata A.K.A.Abraham Naim

P.S.*

I would also like to address my winning performance at Miss Capital Drag this year, which many Maldivians were very upset about. It was reported in the Maldives as me winning a stripping competition. It was not. It was a drag competition. Nobody in the Maldives has ever seen the performance because only a snippet was uploaded on to the internet.

The Maldivian reaction to what I did thousands of miles away speaks volumes about the brutal outlook of the country. I am not saying that you are wrong because you don’t know, care, or understand what drag is; but what I am saying is that the government reacting to the performance by sending thugs around Malé to viciously assault anyone who seemed a bit too well dressed or sophisticated was disgusting and pathetic and hurt me deeply.

There are cultural aspects of what I did that may be lost in translation, but I will try to give you an idea of what it was all about.

In the West, drag is part of the rich cultural tapestry that reflects the diversity of people and outlooks. It is a vibrant part of the world’s cultural history, and has been an art form in one way or another going back since before ancient Greece.

I wanted to talk about myself through my performance. I wanted to show that I was from the Muslim world using an iconic piece of clothing, the abaya, a garment that is worn by both men and women. I removed it to reveal a tailored haute couture garment that I had been sewn into. I am not the first drag queen from the Muslim world to have worn Muslim attire.

Indian drag queens can wear divine hand painted saris, African drag queens can wear the most colourful tribal attire, but somehow because the outfit I wore was symbolically Islamic, it has taken on almost sacred qualities. Have any of you ever stopped to consider that the issue existed before I stepped on to that stage? I did not create it; Muslim women’s attire has been a battleground since before I was born. Yes, I was aware of that. I have been aware for some time that exploring many aspects of my culture holds implicit criticism, because they are things already bathed in controversy.

The mere concept of what appears to be a woman removing Islamic clothing and revealing western clothing has scandalised a nation all the way over in the Indian Ocean somewhere. You have surrounded women’s appearance in so much mystery that it has overtaken a deep part of the cultural psyche. I performed this for the benefit of the audience that was there on the night, not for Maldivians to choke on their breakfast reading the morning paper. The hang-ups of people in a society which ostracised and oppressed me, and ultimately caused me to seek asylum in a foreign country are no longer mine to worry about.

*This is an edited version of the original postscript which can be read in full here

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