Category: Politics

Teachers Association condemn “overhauling of the academic calendar” for Ramadan

Following the government’s decision to close schools for grades 9 and under during Ramadan, the Teachers Association of Maldives had said the move will damage students academically.

“We cannot at all accept the way schools were shut down all of a sudden,” said President of the Teacher’s Association Athif Abdul Hakeem.

While teachers do not have a problem with the concept of closing schools for Ramadan, he said, the manner in which the decision was made had given rise to numerous problems.

“It would have been alright if it had been planned ahead and included in the academic calendar,” he said. “The excuse that the Education Ministry gave for closing schools is also unacceptable. If students in Grades 10 and above can understand lessons in three hours, so can those in grade 8. It’s illogical to claim otherwise.”

Hakeem also refuted the ministry’s claims that attendance was lower during Ramadan, adding that students will face disadvantages as a result of the sudden closure.

Earlier in June, the Education Ministry announced the decision, saying that the reduced three-hour days during the month of fasting were insufficient time in which to take lessons.

It further claimed that the decision had been made after holding discussions with those in the education sector and parents – a claim Hakeem has denied.

Parents and teachers

“It is a horrible decision,” said Mariyam Maanaa – mother of a Grade 8 student. “It is making children lethargic. How will they cope when they start working and have to go to office during Ramadan if they get used to this being a vacation?”

Civil service working hours – also the subject of some controversy prior to the start of the holy month – are between 10am and 2pm throughout Ramadan.

“This is the first time school has been closed during Ramadan and I see no reason why it had to be done,” she continued

Parent Rahima Ali, meanwhile, feels that it was a reasonable decision to not hold sessions for youngest of students.

“Perfectly understandable that school is closed for pre-schoolers. It might have been okay to close them even for Grades 1 to 5. But over that, they are not so young anymore. They must be able to concentrate on lessons even if fasting.

“Fasting is not meant to be a break from life when all you have to do is sleep through the day. The ministry’s decision is ruining our children’s discipline.”

Teacher Aishath Inas stated that while they had been asked to provide handouts to students for the holidays, teachers did not have sufficient time to effectively do so.

“It will also be extremely hard to try to cover a full month’s syllabus later. Many teachers are unhappy with the fact that we have to work through Ramadan even when students are not here, and while we will also need to come out to work on every Saturday for the rest of the year,” she said.

Extra classes

Despite the government’s decision, some schools – especially those in the islands – have begun to take sessions under the name of holding extra classes.

The Teacher’s Association was informed today that the ministry had notified those schools to stop holding such classes.

“The fact that schools are taking the initiative and holding classes shows just how concerned teachers are that we may not be able to complete the syllabus on time,” he said.

On July 3, the Ministry announced that the mid-term break would now be rescheduled to fit in into the last days of Ramadan.

Hakeem stated that this would once again pose problems as it may interfere with travel and other plans that parents may have already made in accordance with the annual academic calendar.

“The gist of the matter is we cannot accept the overhauling of the academic calendar in the middle of the year. There is no formula that will allow us to complete the syllabus on time now. As for working on Saturdays, it will be a burden on the state budget to have teachers work then as according to the law, teachers will need to be paid double the rate if they are working on an official holiday,” he continued.

Minivan News was unable to contact Ministry of Education Media Officer Maina Latheef at the time of press.

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Guest House Association established by Maafushi businessmen

Thirty-two managers of guest houses in the island of Maafushi have established the Guest House Association of Maldives with the objective of developing and promoting the sector.

Association member and Manager of Maafushi Inn Hussain Raznee interprets the government’s current guest house island policy as an attempt to inhibit the current guest house business model.

“The establishment of guest house islands will not have any benefits at all for those of us living in the islands,” said Raznee, saying that the current model provide local youth and businesses with an decent income.

“Guest house owners assist in all community activities, donating funds to schools, school events, island community events, and even to efforts to keep the whole island clean. This is all made possible because of guest houses,” he added.

After previously expressing a reluctance to promote the guest house tourism model for fear of damaging the country’s luxury resort brand, the new guest house policy is designed to make the traditional one island/one resort model accessible to small and medium enterprises – with the government’s PR wing, the MMPRC, taking a lead role.

Raznee called on the government to further facilitate the running of guest houses in all islands, suggesting that it could handle promotional activities as long as permits for the businesses were approved.

The group will work to protect the rights of guest house owners and employees from all over the Maldives and to promote local tourism in international markets, he continued.

Raznee noted that, although members of the association are currently all from Maafushi, they are now in the process of contacting and inviting guest house owners from across the country to join the association.

Guest House Islands

The recently launched guest house island project will begin begin with the development of the uninhabited ‘Thumburi’ island in Laamu atoll into a 2000 bed resort.

According to promotional material, the guest house island concept – endorsed by industry groups – aims to “responsibly” diversify the tourism industry without encroaching on inhabited islands.

Tourism Minister Ahmed Adeeb has previously explained the benefits of the policy – part of the Progressive Party of Maldives presidential election manifesto.

“It is a huge infrastructure investment to build a tourist resort. It becomes an expensive place to go to when they invest in water set-ups, sewerage systems – and all before building rooms,” Minister of Tourism Ahmed Adeeb explained to Minivan News during an interview in January.

Adeeb stated then that the Malé Water and Sewerage Company will set up water and sewerage, and electricity systems in guest house islands, after which plots of land from the island will be given to different individual businessmen.

“The thing is, we just don’t talk about guesthouses so much. From a marketing perspective, we have positioned the Maldives as a high-end destination. A-category guests will continue coming for a long as we market the country as an A-category destination. Guests for B,C,D and E categories are something we automatically get,” said Adeeb.

He added, however, that the government supports the running of guest houses even though it will not promote them in international markets.

Some leaders in the industry have also expressed similar concerns regarding the destination’s brand, while the sector’s capacity has tripled in the past six years.

The opposition Maldivian Democratic Party (MDP) has meanwhile criticised the government’s launching of guest house islands, with former President Mohamed Nasheed last week suggesting that guest house islands would not benefit locals, describing them as a threat to the success of guest houses in inhabited islands.

In April, the MDP-dominated Addu City Council passed a resolution to create an ‘Addu Guest House Venture’ which will develop and expand the guest house tourism industry within the city under the guidance of a designated promotion board.

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EC reinstates dissolved political parties as per SC order

The Elections Commission (EC) has reinstated eight small political parties on the Supreme Court’s advice.

The commission had dissolved the eight parties in February as they did not have a membership of 3,000 as required by a Supreme Court modification of the Political Party Act.

However, the Supreme Court subsequently sacked Elections Commission President Fuwad Thowfeek and Vice President Ahmed Fayaz for disobedience to order and contempt of court.

The EC sought the apex court’s advice and following a letter on June 12, the EC has now decided to reinstate the Islamic Democratic Party, Maldivian Social Democratic Party, Social Liberal Party, People’s Party, Maldivian National Congress, People’s Alliance, Maldivian Labor Party and Dhivehi Qaumee Party.

The number of registered political parties in Maldives now stands at fourteen.

Political Parties Act

The People’s Majlis passed the Political Parties Act in December 2012. Article 11 of the act required a minimum of 10,000 members requests for party registration, while Article 8 (b) gave parties with less than 10,000 members a three month period to increase membership or face dissolution.

President Dr Mohamed Waheed Hassan – whose own Gaumee Iththihaadh Party (GIP) was facing dissolution – refused to ratify the bill. But on March 5 2013, with unanimous support from both parliament’s minority leader and majority leader, the Majlis overruled the presidential veto and forced the the bill  into law.

In the same month the Elections commission dissolved eleven registered political parties under the Act.

Within days Attorney General Azima Shakoor asked the Supreme Court to declare existing smaller political parties could not be dissolved. The Maldives Development Alliance (MDA) also intervened in the case.

In September 2013, the SC voided articles 11 and 8 (b) of the Political Parties Act, declaring them to be in violation of Article 16 of the constitution which states that the People’s Majlis can only limit constitutional rights through legislation to an extent “demonstrably justified in a free and democratic society”.

The SC claimed the Political Party Act narrowed the constitutional right to establish political parties and participate in political party activity.

The verdict, supported by the entire Supreme Court bench, also declared 3,000 members to be the minimum requirement for political party registration as per the political party regulation of 2005, until the parliament amended the Political Party Act in accordance with guidelines provided in the ruling.

In December 2013 Gaumee Ithihadh Party of former president Dr. Mohame Waheed and Maldives Reform Movement founded by former Attorney General and President of MDP Dr Mohamed Munavvar was voluntarily dissolved, leaving the number of parties in transition at nine.

February dissolution

On February 6, the Elections Commission dissolved eight political parties for not having a minimum of 3000 registered members and gave them a three month period to increase membership. The MDA with approximately eight thousand members survived the dissolution.

In the same month, the SC initiated a contempt of court charge against the EC under new suo moto regulations which allow the Supreme Court to initiate proceedings, prosecute and pass judgement. The five member bench accused the EC of disobeying orders in dissolving the eight parties.

SC reached a verdict in March 2014, stripping Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz Hassan of their membership in the commission and sentencing the former to a suspended prison term of six months.

In the controversial verdict, SC stated dissolving parties on the basis that a political party’s registry should include 3,000 members is be a violation of the constitution and the court’s previous verdict.

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Nasheed alleges President Yameen “remains under power” of Gayoom

Acting leader of opposition Maldivian Democratic Party (MDP) former President Mohamed Nasheed has alleged that current President Abdulla Yameen “remains under the power” of his half brother former President Maumoon Abdul Gayoom.

Nasheed opined that it will be difficult for Yameen to continue his presidency under such circumstances, adding that to date he has observed that Yameen has been unable to rule autonomously without Gayoom’s interference.

“All we are seeing so far is the differences of thought between Yameen and Gayoom and the rifts that rise between coalition parties. So far, it does not appear as if Yameen has actual control over his presidency,” Nasheed said, speaking on a live talk show on opposition aligned Raajje TV on Wednesday night.

Nasheed also described Yameen’s appointment of Gayoom’s children and other relatives to political positions as nepotism, adding that “it’s lingering effects will prove to be extremely harmful even though it might seem the easier option”.

“They seem to be unsatisfied unless some relative or other is filling each key position in the government,” he continued.

Currently, Gayoom’s daughter Dunya Maumoon serves in Yameen’s cabinet as the Minister of Foreign Affairs.

Additionally, Yameen’s niece Dr Hala Hameed fills the post of Minister of State for Health and Gender, while Gayoom’s sons Ahmed Faris Maumoon serves as Minister of State for Economic Development and Mohamed Ghassan Maumoon serves as Minister of State for Youth and Sports.

Gayoom’s daughter Yumna Maumoon is currently in the post of Deputy Minister of Education.

Yameen has also drawn criticism for his drawn-out attempts to nominate his nephew Maumoon Hameed to the post of prosecutor general.

Nasheed – the first president to be elected in a multi-party election in the country – further asserted that it would be extremely difficult for a country to adapt to democracy after having had an autocratic regime for decades.

“Moving from autocracy to democracy is not an easy feat. It is not something that can be done in a day, or even in five years. I call upon all Maldivians to persevere in the efforts to establish a complete democracy in the country,” he stated.

“SEZs a path to money laundering”

Speaking on the show, Nasheed also criticised current government’s policies regarding tourism and foreign investment.

Nasheed alleged that, should the current bill on Special Economic Zones be passed by parliament, it would pose numerous threats to the people of Maldives. He stated that it would prove to be a path that facilitates black market activities and money laundering.

Tourism Minister and head of the cabinet’s economic council Ahmed Adeeb told Minivan News last month that critics of the bill had failed to understand that it offered the best way to encourage regional investment and development.

Nasheed yesterday alleged that there are no signs of improving general living conditions for the people as a result of Yameen’s economic policies, and that instead additional benefits are being introduced for businessmen and foreign investors.

Nasheed went on to say that the recently launched guest house island program would not present any benefits to locals, and that it is a threat to the success of guest houses in inhabited islands.

This policy – designed as a controlled version of the emerging guest house model on inhabited islands – was launched last week, and has been endorsed by industry groups.

Concluding the show, Nasheed spoke of the current government’s disregard towards improving the general livelihood of Maldivians.

Minivan News was unable to contact President’s Office Spokesperson Ibrahim Muaz for comment at the time of press.

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Islamic Minister advises Maldivians against participating in foreign wars

Minister of Islamic Affairs Dr Mohamed Shaheem Ali Saeed has urged Maldivians to refrain from participating in foreign wars.

The appeal comes after reports of at least two Maldivian men being killed in the Syrian civil war during May.

According to an online media group called Bilad Al Sham Media, a 44-year-old Maldivian man died  in a suicide attack on May 25 and another was killed two days later in a gun fight against soldiers loyal to Bashar Al Assad.

“[Islam] does not permit shedding another [Muslim] brother’s blood,” Shaheem said noting a high rate of civilian casualties in wars being fought in Muslim countries elsewhere.

Often, wars are being waged between different Muslim factions leading to the death of Muslim women, children, and elderly people and the destruction of mosques and homes, the Islamic Minister said at a press conference today.

“Islamic Jihad is that waged with sincerity, in the name of Allah, in defense of religion and nation, behind a designated Muslim leader, and against enemies of Islam and nation,” he said.

“Hence, rather than destroying oneself in conflicts of an unknown nature, the Islamic Ministry believes it is better to serve one’s own parents, families, and country,” he continued.

“[We] beseech all Maldivian youth and citizens, who love Islam, to refrain from participating in conflicts between one Muslim group and another. It is better to allow the citizens of the country in war to solve their own problems.”

Foreign interference obstructs citizens of a country from achieving their goals and allows governments to claim they are not fighting their own citizens, but foreigners, said Shaheem.

He further said that neither Islamic scholars nor citizens of war torn countries have asked for foreign interference. Instead, they ask foreigners to leave and allow them to solve their internal affairs.

“We must [only] pray for the beloved citizens of those countries under war,” he said before calling on the international community to do more to end bloodshed and conflict in Muslim countries.

‘Good intentions, but the wrong path’

In issuing today’s fatwa, the Islamic Ministry had consulted both local scholars and scholars from Egypt, Tunisia, Iraq, and Saudi Arabia, Shaheem told the press afterwards.

“All [local scholars] of them in general agree people must not go there, to ongoing wars. It is not about deciding if it is a Jihad or not, even if it is Jihad, not to go to foreign countries. When foreigners intervene, it creates even more conflict. Instead of achieving goals, it contributes to greater internal conflict and greater disagreements”

Shaheem said Maldivian militants who go abroad must not be punished, but be rehabilitated and informed of religious teachings.

No Muslim scholar in the Maldives has called on Maldivians to participate in foreign wars, “but there are youth, who get emotional from what they see, of the suffering of Muslims, there are Maldivian youths who want to avenge that,” he said.

Their intention may be good, but the path they have chosen is not the right path, he said.

“I do not believe it is the right way. If it is an Islamic jihad, it is for a very holy purpose, the leader of the struggle has to be clear, their manifesto of what is to happen after the war has to be clear, whether it will give victory for Islam. Only if all of this clear, can one go into war,” he said.

Admitting to growing radicalisation in the Maldives, Shaheem said the media and scholars must help the government in its effort to educate the public.

Radicalisation begins with praying in separate communities, refusing to register marriages at court, and declaring other Muslims infidels, Shaheem said.

In February, the government shut down the Dharumavantha Rasgefaanu mosque to stop unauthorised Friday prayers by a group described as “extremists”

According to local media, the congregation prayed to Allah to weaken and current government and its leaders and prayed for ill-health and calamity to befall senior government officials, the Islamic Ministry and city council.

In May, the US State Department in the 2013 country report on terrorism said the Maldivian government believes that funds are being raised in the country to support terrorism abroad. However, the Maldives Monetary Authority denied the claim in a subsequent press release.

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Thulhaadhoo MP Nazim Rashad becomes third MDP MP to join PPM

Opposition Maldivian Democratic Party (MDP) MP Nazim Rashad signed for the ruling Progressive Party of Maldives (PPM) last night, becoming the third opposition MP to cross the floor since the parliamentary polls in March.

The addition of the MP for Baa Atoll Thulhaadhoo brings the PPM’s number of MPs in the 18th People’s Majlis to 42 – one short of a simple majority in the 85-member house. However, along with the five MPs of coalition partner Maldives Development Alliance (MDA), the ruling coalition now has 47 MPs.

The opposition MDP’s numbers are reduced to 23 while the Jumhooree Party (JP) has 13 MPs. The religious conservative Adhaalath Party has one MP while Madaveli MP Muaz Mohamed Rasheed remains the sole independent.

Following a signing ceremony at Muleeage last night where Rashad handed over his membership form to President Abdulla Yameen, MP Ahmed Nihan – parliamentary group leader of the PPM – took to social media to announce that the ruling party now has 50 percent of parliamentary seats.

Although the PPM won 33 seats in the March 22 parliamentary elections, four out of five independent MPs along with MDP MP Mohamed Musthafa and two JP MPs switched to the ruling party while MDP MP Ali Mohamed signed for the PPM last month.

MP Nazim Rashad, a former Islam teacher, was elected to the 17th People’s Majlis as an independent and joined the MDP in 2010.

Several MPs who have crossed the floor have said that they joined the ruling party to ensure development of islands in their constituencies.

Speaking to Minivan News today, MDP Spokesperson Imthiyaz Fahmy, however, dismissed the justification as “utter nonsense.”

“They are just baseless and unprincipled. Why did they in the first place get elected with MDP tickets and then defect?” he asked.

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Former political appointees and staff of abolished Transport Ministry to be transferred

Political appointees from the defunct Transport Ministry have been moved to other departments.

Civil Service Commission Secretary General Mohamed Faizal has confirmed that none of the civil servants who worked there would lose their jobs.

“We are currently in the process of transferring them to the ministries to which the departments they served under have been delegated. They will be getting their salaries without interruption even while we are working on the transfers,” Faizal explained.

Faizal stated that the staff do not have a say regarding which ministry they are transferred to, and that the commission will instead be transferring them to whichever ministry is currently delegated with running their previous department.

According to him, no changes will be brought to their posts or salaries as a result of the change.

Former Ministers of State for Transport and Communication Abdul Latheef Mohamed and Mohamed Anees have been appointed to the same posts at the Ministry of Economic Development, the President’s Office has revealed.

Their colleague, Minister of State Mohamed Ibrahim, has also been transferred to the same post at the Ministry of Environment and Energy.

Meanwhile, the removal of Deputy Transport Minister Ikram Hassan and Executive Coordinator Mohamed Azeem have been announced today. Three other deputy ministers were also removed from their posts with the abolition of the ministry on June 19.

Work conducted at the ministry has since been delegated to other ministries and institutions.

The Regional Airports Department has been transferred to the Ministry of Tourism, while the Transport Authority has been transferred to the Ministry of Economic Development.

The Communications Authority of Maldives was transferred under the Ministry of Home Affairs, although a number of other functions formerly fulfilled by the Transport Ministry have been delegated to the Environment, Home, Economic Development and Finance ministries.

Following the ruling Progressive Party of Maldives severing its coalition agreement with the Jumhooree Party(JP) in May, President Abdulla Yameen dismissed Transport Minister Ameen Ibrahim – who was filling a JP cabinet slot – from the post.

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Government seeks authority to hold passports for 24 hours without court order

Preliminary debate began at today’s sitting of parliament on an amendment seeking authority for the police and other investigative bodies to withhold passports for 24 hours without a court order.

The change to the Immigration Act was proposed by Progressive Party of Maldives (PPM) MP Ibrahim Riza.

Presenting the legislation (Dhivehi) on behalf of the government, the MP for Kaafu Guraidhoo said its purpose was to bring the immigration law of 2007 in line with the revised constitution adopted in August 2008.

However, in the ensuing debate, opposition MPs contended that the amendment was unconstitutional as it would curtail fundamental rights and freedoms guaranteed by the constitution.

Jumhooree Party (JP) MP Ali Hussain said he feared the amendment would allow the government to withhold passports of MPs “without any reason for political purposes”.

The MP for Baa Kendhoo noted that police and other authorities would be authorised to hold passports without the knowledge of the passport holder.

Moreover, he added, passport holders would not be able to either contest or appeal the decision or advocate in their defence.

Opposition Maldivian Democratic Party (MDP) MP Abdul Ghafoor Moosa argued that granting authority to the police to hold passports was “contrary to the spirit of the constitution”.

He noted that the police presently have powers to arrest and detain suspects for 24 hours, adding that there had been no instance in the past seven years of a suspect absconding or flying overseas without the knowledge of the authorities.

Defending the amendment, PPM MP Ibrahim Didi, however, insisted that investigative bodies should have the authority to hold passports of suspects involved in serious crimes.

“24 hours is not a very long time. Even now, police arrest people for 24 hours. So I don’t believe a person could face too much harm if his passport is held for 24 hours,” the MP for Addu Feydhoo said.

MDP MP Mariya Ahmed Didi meanwhile referred to article 41(a) of the constitution, which states, “Every citizen has the freedom to enter, remain in and leave the Maldives, and to travel within the Maldives.”

The constitution did not envision that the right of freedom of movement could be restricted, she contended, adding that it was essential for the accused to be present during legal proceedings on withholding passports.

As suspects in police custody could not fly overseas, Mariya said she did not see the need for police to withhold their passports without a court warrant.

The most notable instance of court hearings being cancelled due to the defendant being abroad involved Home Minister Umar Naseer’s disobedience to order charges. Despite an arrest warrant being issued in his absence, the minister was not taken into custody on his return to the country.

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No redress, no compensation, no reconciliation

Describing a beating at Maafushi Jail, musician Abdulla Easa said: “Sometimes I felt I was floating, suspended in mid air, going from one officer’s boots to the other.”

Easa was tortured simply for refusing to stand in queue for flatbread.

Prisoner testimonies indicate torture and ill treatment has been widespread and systematic in Maldivian jails.

Officers tortured inmates “just for fun,” said Easa. “For example, when they went out for a swim, they would call out to anyone they liked, “you come.” They would make us kneel down, they would bury you half in the sand, burn you with cigarettes.”

Former journalist Abdulla ‘Fahala’ Saeed, said he saw security officers rip both the clothes and the skin off of one man when they pulled him out after burying him in the sand.

“One morning, a person named ‘Kelaa’ Areef was taken to the beach and half buried in the sand so he could not move at all. At some time he started reciting the Shahadha, saying that he was going to die, then one of the officers said, ‘He is now ‘dhonvefa’ [heated up] Time to take him out’.”

Then two of them held him under his arms and pulled him out, ripping off his clothes and ripping his skin [on sharp coral sand]. He was all bloody. He was unconscious. Then they threw him in the cell.”

Both Easa and Saeed have claimed they saw people die in jail from the torture they receieved.

No redress

But to date, no survivors or families of victims in the Maldives have received any redress or compensation, and there has been no effort at reconciliation at the national level.

Ten years have passed since the Maldives signed the UN Convention Against Torture.

The Torture Victims Association say survivors have no confidence in a “politicised and incompetent judiciary” and are waiting on judicial reform to pursue justice.

Human Rights Commission of the Maldives (HRCM) member Jeehan Mahmoud said difficulties in substantiating claims of torture and a state tendency to protect the accused over the victim have constrained efforts at redress.

However, the recently ratified Anti Torture Act – which heavily penalises torture and assures compensation for victims – is a “big encouragement” to end such practices, she said.

Proving that an individual officer committed acts of torture beyond reasonable doubt may be difficult, but state institutions must he held accountable, Jeehan said, adding that the Maldives needs a reconciliation effort to end a culture of impunity and ensure non recurrence.

No confidence

The TVA has collected 125 statements of torture, and submitted 25 cases to the HRCM on February 6, 2012 – the day before the controversial resignation of President Mohamed Nasheed, himself a well-publicised victim of torture during his time as a pro-democracy activist.

President of TVA Ahmed Naseem said survivors do not believe they will get justice with the present judiciary.

“After all they went through, all the humiliation they suffered, if the courts say this is nonsense, then they will be in a worse situation than before. They will go nuts. We cannot take chances. We cannot afford to humiliate them,” said Naseem.

“People still have nightmares, people’s lives have been destroyed, families have been broken. We cannot let these people down. So we have to wait,” he added.

Naseem suggested enough evidence existed to hold state institutions accountable. The former National Security Services had a punishment book or ‘Adhabu Foi’ which contained details of state sanctioned torture, he said.

But with the return of former President Maumoon Abdul Gayoom’s party to power, there is no longer any political will to address the past, Naseem said. “The culprits are in government now.”

Vice President Dr Mohamed Jameel Ahmed, during a UN Human Rights Council in 2012, admitted to a history of torture, but said: “As a government we believe we have an independent judiciary. We leave it to the victims to invoke these instances before a court of law.”

The government cannot afford compensation for victims, said Dr Jameel – then Home Minister.

The UNHRC has urged the Maldives to set up an Independent Commission of Inquiry to conduct criminal investigations and ensure compensation for all victims of torture.

In defense of the accused

The Maldives Police Services is the only institution in the country with a forensics laboratory, but the HRCM is unable to use forensics services when the police is the institution that stands accused of torture, Jeehan said.

The state hires and pays lawyer fees on behalf of the accused, and refuses to take disciplinary measures such as suspension until investigations are complete.

“The system does not work to protect the victim. Even simple steps, such as suspending the accused until investigations are complete could show the government’s commitment to end torture and brutality.”

The state’s defense of the accused deters witnesses from the accused institution from coming forward, Jeehan continued.

“They are not protected from bullying within the institution either. Documents are lost – and witness statements by all officers match up word to word. The only evidence then are the statements by civilians who saw brutality. With this imbalance, getting redress is a difficult task.”

Former Police Integrity Commission (PIC) President Shahindha Ismail has also said the Maldives Police Services tends to protect its employees when they are accused of brutality.

“There have been cases where evidence has been tampered with. This shows the police, as an institution, does not want to end this culture of brutality. It appears to promote it instead,” she said.

Shahindha also said limited resources and limited powers hamper the state’s independent institutions, noting that the PIC cannot take direct disciplinary action against a police officer accused of human rights violations.

“There is no political will to end torture. Despite a hiatus in police brutality from period 2009- 2011, the culture of brutality was never erased within the institution,” she said.

Shahindha has called on the government to purge employees accused of torture.

Reconciliation

Jeehan said state institutions must recognise victims of torture and offer them compensation, noting that failure to prove torture in the courtroom only exacerbates impunity and a lack of confidence in institutions.

The state must begin public interest litigation on behalf of multiple victims of torture and start a reconciliation effort, she said.

“With civil compensation, even though individuals may not be held accountable, the state institution will be held accountable. It would constitute some form of recognition for the victim, that the act of violence indeed did happen.”

She called for reconciliation mechanisms that allow both perpetrators and victims to deal with the past, as well as acknowledging the suffering caused on a national level.

“It allows society to move on, provides political stability and social coherence. It is a platform that allows society to resolve differences and hold discussions.”

“The younger generations still do not know what had happened in their history – it will provide them with answers. Social coherence cannot exist with all of these unresolved questions,” said Jeehan

Shahindha said judicial reform and political will is required for victims to receive justice.

“This may take a long time. Time for mature politics to be established in the country. Until then, the victims remain victims, caged in their trauma. They cannot be termed survivors until they receive redress.”

The UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul in a 2013 report said unless serious human rights violations of Maldives’ authoritarian past are addressed, there could be more instability and unrest in the country.

“Impunity affects democracy, the rule of law, and the enjoyment of human rights in a radical way, and undermines the people’s trust in state institutions,” read the report.

“States bear a responsibility not only to investigate violations of human rights, but also to ensure the right of victims to know the truth, to provide adequate reparation and to take all reasonable steps to ensure non-recurrence of the said violations. Addressing past violations could help the Maldives move forward and develop the justice system intended in the Constitution of 2008.”

Watch Esa’s testimony here. Watch Saeed’s testimony here.

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