Tag: 15 year-old girl

Juvenile Court postpones order to summon HRCM members

The Juvenile Court has postponed an order summoning all members of the Human Rights Commission of Maldives (HRCM) to discuss their alleged misleading of the public over the court’s work.

An official from the Juvenile Court has today confirmed to local media that it has now asked all members to produce themselves to the court next Monday (March 17) at 9:30am.

The official told local newspapers that the decision was made in compliance with the commission’s request made due to three members being out of town and the other two also unable to attend.

The Juvenile Court has previously sent letters to the commission on two occasions asking them to discuss a report made regarding a 15 year old minor charged for fornication in 2012.

The court has claimed the report contained misleading information that gave a “negative impression” of the court’s conduct. The report was also said to contain statements that could be considered as attempts to influence the court’s work.

In a matter relating to criticism of the Supreme Court, Chief Justice Ahmed Faiz has this week said that the maintenance of the respect and the positive reputation of the courts was a constitutional responsibility of all state authorities.

Following the HRCM members’ failure to comply with the court requests last Sunday (March 9), the court issued the summons for today.

The report in question came during the trial of a 15 year-old girl who had given birth to a baby which was later discovered buried in the outdoor bathroom at her residence. Her stepfather was subsequently charged with sexual abuse of a child and committing premeditated murder.

The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest  after confessing to fornication with another man.

The Attorney General’s Office appealed the case on March 27 last year following appeals from international human rights advocacy organisations and Avaaz.org, which launched an online petition that gained over two million signatures.

On August 21, 2013, the High Court decided to overturn the minor’s sentence after she denied having confessed to consensual sex with an unknown partner during the Juvenile Court trial.  Authorities have previously said the minor had confessed to having consensual sex during a separate investigation into her abuse.

According to Islamic Fiqh scholars, a confession of fornication can be retracted before the resulting sentence is carried out in full, the High Court statement added.

It was further noted by the court that there were discrepancies in the statement given by the girl to the Juvenile Court. The High Court concluded that the minor – found to be suffering from post-traumatic stress disorder – was unable to correctly define pre-marital sex according to the law.

The High Court argued that its verdict had been based on evidence that the girl was “unfit for trial” during investigations into her alleged abuse and the subsequent Juvenile Court hearings.

The court said that the minor had provided her original statement in the capacity of a victim and not a suspect, and that authorities had therefore not given her the fundamental rights legally required of a suspect in a crime.

Likes(0)Dislikes(0)

Justice “still out of reach” for Maldivian women, girls: Avaaz.org

Social activism website Avaaz has said it remained concerned at the “appalling state” of women’s rights in the Maldives, despite welcoming a decision by the High Court this week to overturn a controversial flogging sentence handed to a 15 year-old girl charged with ‘fornication’.

Avaaz, which earlier this year launched an online petition signed by over two million people calling for the minor’s sentence to be quashed, has expressed continued concern that justice remains “out of reach” for Maldivian women.

The flogging sentence – handed to the minor by the Juvenile Court in February after she had been charged with ‘fornication’ – was overturned by the High Court on Wednesday (August 21) after the girl was found to have previously denied confessing to having had consensual sex with an unknown partner.

Sources from Feydhoo, in Shaviyani Atoll, where the girl is from, previously told Minivan News that islanders had raised concerns regarding the suspected abuse of the minor as far back as 2009.

Local people were said to have suspected that the girl had been the victim of sexual abuse, not just by her stepfather – who has subsequently been charged with several sex offences – but also by a number of other unidentified men from the island.

The High Court concluded that the minor, found to be suffering from post-traumatic stress disorder, was also unable to correctly define pre-marital sex according to the law.

“The High Court’s ruling is a step forward, but the Gender Ministry should now ensure that the girl receives a proper education, is not sent back to the custody of relatives who failed to protect her, and ensure that she doesn’t end up ghettoised because of stigma,” stated Avaaz.

“Glimmer of hope”

After visiting the country earlier this year to lobby the Maldives government to overturn the minor’s case, Avaaz said it continued to advocate for systemic legal reforms to overcome “serious hurdles women and girls face in trying to get justice for gender-based crimes”.

“Today people in the Maldives and across the globe celebrate that this young girl is free and won’t be flogged,” said Avaaz Campaign Director Jeremy Waiser. “It is a glimmer of hope which must not be an isolated case – now it’s time to listen to the majority of Maldivians and kick start major reforms to protect women and girls and put an end to flogging for consensual sex outside of marriage, once and for all.”

Avaaz pointed to the recently published results of a survey conducted on its behalf by Asia Research Partners that concluded that nearly two-thirds of Maldives nationals surveyed would support a moratorium on flogging.

According to Avaaz, the first survey of its kind to be conducted in the Maldives found an “overwhelming” 92 percent of those surveyed believe that laws and systems to protect women from sexual assault should be reformed.

With the upcoming presidential election scheduled for September 7, Waiser argued that ensuring rights for both women and girls should be treated as an issue of huge importance by all candidates standing next month.

“The ruling and the recent opinion survey should serve as a wake-up call to all candidates and parties that they cannot afford to neglect one half of the Maldivian population – women and girls want to live without fear of persecution and with dignity,” he said.

“The vindictiveness with which the Prosecutor General’s office pursued the case against this Maldivian child highlights the dangers that women and children face in the Maldives,” the statement concluded.

“Politicised” issue

Some government figures have been critical of international campaigns targeting the reputation of the country’s lucrative tourism industry in order to push for legal reforms.

Discussing the campaign by Avaaz in the Maldives, Attorney General (AG) Azima Shukhoor criticised unnamed groups for  having “politicised” the issue, arguing such campaigns they had complicated the work of Maldivian authorities.

In March this year, former Deputy Tourism Minister Mohamed Maleeh Jamal directly questioned the motives behind the Avaaz campaign calling them “dubious”, despite accepting a need for “capacity building” in parliament and other institutions.

“People should not be doing anything to damage the [tourism] industry. In Switzerland, you would not see a campaign designed to damage Swiss chocolate. Likewise you would not see a German campaign to damage their automobile industry,” he said.

However, organisations like the Human Rights Commission of Maldives (HRCM) have this week stressed the need for strengthening measures to protect victims of sexual abuse to prevent other similar cases from occurring.

Meanwhile, Amnesty International – which has previously warned that the 15 year-old’s case was the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences – has released a statement this week calling for a moratorium on flogging.

“Annulling this sentence was of course the right thing to do. We are relieved that the girl will be spared this inhumane ‘punishment’ based on an outrageous conviction,” said Amnesty’s Deputy Asia-Pacific Director Polly Truscott.

Likes(0)Dislikes(0)

Government claims committed to flogging reforms as UK omits Maldives from FCO’s list of human rights “concerns”

The government has said it continues to pursue legal reforms over the use of punishments like flogging as the UK Foreign Office opts against listing the Maldives as a country of concern for human rights abuses this year.

With foreign governments and international NGOs continuing to raise concerns about a flogging sentence handed to a 15 year-old girl in the Maldives, the President’s Office maintained that the matter had already been appealed by the state as part of efforts for wider legal reforms.

However, the government this week maintained its previous stance that any changes to current legal practices over the treatment of victims of sexual offences could not be enforced in the space of a single day – requiring gradual implementation.

The comments were made after UK High Commissioner to Sri Lanka and the Maldives John Rankin this month said that the Maldives had not been listed as a country of concern in the latest annual human rights report from the Foreign and Commonwealth Office (FCO).

Responding to a question about the omission of the Maldives from the list, High Commissioner Rankin, speaking in his 16th official video message, said the country did not presently fit the criteria of a country of concern in terms of human rights violations.

“In considering which countries to specifically mention in the report, the FCO applies a number of criteria. [These include] looking at the gravity of the human rights situation in a country, the severity of any particular abuses and the range of human rights that might be affected,” he said. “Under those and other criteria, the Maldives was not listed. That’s not to say we don’t discuss human rights issues in our meeting to the Maldives government.”

Rankin said that the FCO has raised two key issues with President Dr Mohamed Waheed’s government in recent months.  Among these issues was the case of the 15 year-old girl sentenced to flogging by the Juvenile Court after she admitted to having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse.

Rankin added that the FCO had pushed for “a change in the legal framework” in order to ensure the protection of children’s rights in the country.

Another area of concern raised with the current administration was the effectiveness of investigations into alleged police abuse in the aftermath of the controversial transfer of power on February 7, 2012, he said.

“We continue to raise issues mentioned in the Commission of National Inquiry (CNI) report, in particular the need for substantive results from the investigations into police brutality as called for in the report,” he explained.

Appeal

Responding to the high commissioner’s claims, President’s Office Media Secretary Masood Imad said that the minor’s case passed by the Juvenile Court had already been appealed, while talks concerning legal reforms were ongoing.

“We cannot go any faster on the matter than this, we don’t want to see any trouble like in the past,” he said. “We can’t just go and ask a judge not to [give sentences like this] anymore.”

Masood added that he was convinced reforms would be made and that talks were gradually being held by state authorities to this end, but recommended further inquiries be made to Gender Minister Azima Shukoor.

Shukoor was transferred to the Ministry of Gender, Family and Human Rights earlier this year on the back of two million people signing an Avaaz petition threatening a boycott of Maldives tourism unless the charges against the girl were dropped and the country’s legal framework was amended to prevent similar sentencing.

Shukoor was not responding to calls from Minivan News at time of press.

Masood meanwhile claimed that any questions concerning the UK FCO’s concerns over allegations of police abuse in the Maldives should be forwarded to the Police Integrity Commission (PIC).

“They are the ones doing investigations into this matter. I understand they have identified those who have abused these people,” he added.

Assault cases

The Prosecutor General’s Office (PGO) announced yesterday (May 6)  it was pressing charges against two police officers for allegedly assaulting Maldivian Democratic Party (MDP) MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi on February 8, 2012, during a brutal police crackdown.

On that day, thousands of MDP supporters took to the streets after former President Mohamed Nasheed declared that his resignation the previous day was made “under duress” in a “coup d’etat” instigated by mutinying Special Operations (SO) police officers.

PIC President Abdulla Waheed’s phone was switched off at time of press.

In an official release published on December 9 last year, the PIC said 24 individual cases of alleged brutality had been reported to have taken place on during and in the immediate aftermath of the transfer of power.

The cases, said to be based on video footage, witness accounts and public requests for information, were all said at the time to be under investigation by the commission.

The PIC noted at the time that both a shortage of trained staff and “Inadequate cooperation” from alleged victims to provide evidence and witnesses had setback the investigation.

“Tip of the iceberg”

In an Amnesty International statement released last month, despite praising “considerable progress” made by the Maldives during the last few years in promoting and protecting civil rights,the NGO claimed “significant human rights challenges”needed to be addressed in the country.

The NGO has called on the government of President Dr Mohamed Waheed to end an alleged culture of “impunity for the arbitrary and abusive use of force by security forces against demonstrators” following the controversial transfer of power on February 7, 2012.

Amnesty’s South Asia Director Polly Truscott, speaking to Minivan News at the conclusion of a nine day visit to the country last month, claimed the controversial flogging sentence handed to the 15 year-old girl was just the “tip of the iceberg” in regards to wider issues over how sexual offence victims were treated in the country.

Likes(0)Dislikes(0)

High Court appeal of 15 year-old rape victim’s sentence begins

The High Court appeal case for a 15 year-old rape victim sentenced to flogging and house arrest after she was found guilty of fornication began today (April 29).

The 15 year-old was convicted of premarital sex at the Juvenile Court on February 26 and sentenced to 100 lashes and eight months of house arrest, after confessing to fornication with another man. The confession was made during a separate investigation which was launched following the discovery of a dead baby buried in the outdoor shower area of her home.

The High Court trial that began today (April 29) was not open to the public, as the presiding judge exercised the authority to exclude the public “where the interest of juveniles or the victims of a crime so require”, as stated in Article 42 of the Constitution, according to local media.

High Court media official Ameen Faisal told local media that the Human Rights Commission of Maldives (HRCM) had also intervened in the case.

The victim’s state-appointed attorney filed the appeal with the High Court on April 1.

At the time, former Attorney General Aishath Azima Shukoor told local media the case had to be appealed because the Juvenile Court had taken statements from the witnesses in violation of procedure.

Shukoor also said the Juvenile Court ruling was in violation of Islamic Sharia as it had not considered psychological reports produced to the court.

Additionally, the child’s defence claimed her testimony was taken in violation of constitution and the charges against her were filed in violation of criminal procedure.

Sources from the girl’s island of Feydhoo in Shaviyani Atoll previously told Minivan News that concerns had been raised by islanders since 2009 that the minor was allegedly the victim of sexual abuse not just by her stepfather, but an unidentified number of other men on the island.

In June 2012, the girl gave birth to a baby which was later discovered buried in the outdoor shower area of her home. Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder. Her mother was meanwhile charged with concealing a crime and failing to report child sexual abuse to the authorities.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect the 15 year-old girl.

Sentencing controversy

The 15-year-old’s case has brought international attention to the Maldives’ legal system, including the launch of an online Avaaz.org petition signed by over two million people that has threatened to put pressure the tourism industry. The sentencing of the minor has also come under high-profile public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

President Mohamed Waheed Hassan Manik’s government previously criticised the verdict, pledging earlier this year to review the use of flogging as a punishment for sexual offences – a practice it alleged in some cases actually serves to punish victims of rape and abuse.

Following the Juvenile Court’s ruling in February, Waheed stated on his official Twitter account: “I am saddened by the sentence of flogging handed to a minor. Govt will push for review of this position.”

However, the religious Adhaalath Party (AP) – which largely makes up the ranks of the Islamic Ministry and with which President Waheed’s Gaumee Ithiaad Party (GIP) entered into a coalition in March – endorsed the sentence.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” read a statement from the party.

“If such sinful activities are to become this common, the society will break down and we may become deserving of divine wrath,” the Adhaalath Party stated.

Inadequate child protection measures

A Maldivian children’s rights NGO recently criticised child protection measures currently in place as “inadequate”, while urging government authorities to incorporate several key human rights obligations into domestic law.

NGO Advocating the Rights of Children (ARC) told Minivan News earlier this month that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

ARC claimed that provisions outlined in the CRC had not been fully adopted by the state into domestic legislation, thereby limiting the promotion and protection of child rights.

“The recent case of a 15-year old girl, whose rights were violated and abused by her stepfather is a clear example of how domestic judicial and legal mechanisms failed to address and rectify the violation over a substantial period of time, at different levels,” ARC said.

“This is a situation where an individual complaint to the UN Committee could hold the government accountable even if the ‘domestic remedial system’, including judicial and legal mechanisms, fail to address the issue of abuse.

“Ratifying this optional protocol will help protect the rights of children as it could help reduce the number of cases in the Maldives where a lack of legislation, clarity and commitment to international human rights law allow serious injustices to proliferate,” ARC added.

Meanwhile, neglect and abuse of children were reported to have increased to an “alarming level“, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment (April 7) that would transfer parental guardianship of children in cases of negligence.

Earlier this year, ARC called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims. The NGO also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

Likes(0)Dislikes(0)

Flogging of 15 year-old “tip of the iceberg” of Maldives’ treatment of sex offences: Amnesty’s South Asia Director

The high-profile case of a 15 year-old girl sentenced to flogging in the Maldives after confessing to having had consensual sex is the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences, Amnesty International’s South Asia Director Polly Truscott has said.

Following a nine day visit to the country, Truscot told Minivan News that other sexual abuse victims were believed to have had suffered similar treatment under the law as a result of systematic institutional failures.

“Right now, all departments charged with the girl’s welfare are finger pointing and passing the blame,” she said. “But we have met others incarcerated in the country in similar circumstances to this girl.”

“Tip of the iceberg”

Truscott said she had identified serious concerns during her visit as to how young girls and other victims of sexual assault were being treated by authorities.

Truscott raised particular concern over the case of the 15 year-old charged with fornication, after she reportedly admitted to authorities of having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse by her stepfather.

“When this alleged crime was committed, Amnesty was approached by many people asking us to look into the matter. We believes she should not be punished for sexual offences. It is questionable if the girl was also aware as to what she was consenting to,” she said.

Truscott claimed that officials involved in the girl’s care – from the law enforcement team who questioned her, to child protection authorities – had “all failed” in their duties to protect the 15 year-old.

The girl’s case has garnered international attention over the last few months, with over two million people signing a petition on the Avaaz website pledging to target the Maldives’ lucrative tourism industry in order to pressure authorities to drop the charges against the 15 year-old and pursue wider legal reforms to prevent similar cases.

Deputy Tourism Minister Mohamed Maleeh Jamal last month slammed what he called the“dubious” motivations behind the petition, alleging the campaign to be “politically motivated”.  He also noted that the Waheed administration had already appealed the case and also pledged to oversee legal reforms.

Truscott said the NGO also remained “disappointed” over a lack of progress by Maldivian authorities in addressing a lack of accountability in punishing the perpetrators of high-profile attacks on media personnel, as well as allegations of excessive police force.

Despite welcoming progress in areas such as allowing for greater media freedoms “over the last 10 years”, she yesterday (April 24) told Minivan News that the NGO continued to hold concerns over the state’s commitment to addressing several human rights issues.

At the conclusion her visit, Truscott said the NGO also held significant concerns regarding judicial independence, as well as wider institutional failures to protect rape victims.

“Enormous progress”: government

Following a meeting between Truscott and President Dr Mohamed Waheed on Wednesday, the government issued a press release stating: “Regional Director Prescott noted the enormous progress made by the Maldives in the fields of human rights, and freedom of assembly and speech.”

Truscott told Minivan News she had raised concerns during her meeting with President Waheed that not enough progress had been made to investigate allegations of “excessive force” by police officers against members of the public following the controversial transfer of power on February 7, 2012.

“I understand that a few cases have been brought forward by prosecutors, but after a year, this [amount of cases] is disappointing. I had also pressed upon the president the need to bring perpetrators to justice. There is important progress to be made here,” she said.

Media freedom

Addressing the government’s official statement on Amnesty’s findings, Truscott said the NGO believed progress had been made in some areas such as media freedom over the last 10 years.

However, she noted serious attacks over the last 12  months on media such as blogger Hillath Rasheed and reporter Ibrahim ‘Aswad’ Waheed. Both men underwent life-saving surgery after being the victims of separate violent attacks in the capital over the last 12 months.

Amnesty International also pointed to concerns over the murder of MP Dr Afrasheem Ali. Truscott said the country was yet to see any meaningful investigations into ensuring justice for the victims of the attacks.

The courts are currently hearing the cases of several suspects charged in connection to Dr Afrasheem’s murder.  Suspects have also been questioned over Aswad’s attack.

However, suspects have yet to have been charged over the attack on blogger Hilath Rasheed in July 2012, when a group of alleged Islamic radicals slashed the throat of the blogger who had been campaigning for religious tolerance.

Rasheed narrowly survived the attack and has since fled the country.

“From having walked the streets here in Male’ I have seen [security] cameras about. But action seems to have been limited,” Truscott said of the case.

Penal code

Legal reforms were another area of concern raised by Amnesty International following its Maldives visit.  Particular attention was drawn to reviews for an amended Penal Code within the country that would allow for the prosecution of offences not presently accounted for.

While at the same time addressing the government’s stated pledges to review the use of punishments such as flogging, Truscott warned against what she called a “move backwards” over the Maldives’ commitments against the use of the death penalty.

“Obviously, Amnesty International is completely against the death penalty,” she said.

Truscott claimed that the recent drafting of any new bills outlining implementation for executions, even in practice, was deemed as a human rights violation.  She said there was no research concluding that executing criminals served as an effective deterrent for serious crimes.

Truscott added that with the draft Penal Code also including provisions that would leave applying the death sentence to the discretion of an individual judge, the whole purpose of codifying laws would be undermined should the bill be passed.

She noted this was a particular concern when considering the recent findings of various international experts such as  UN Special Rapporteur on the Independence of Judges and Judiciary, Gabriela Knaul over the politicised nature of the country’s judicial system.

“To leave Sharia law to the discretion of individual judges is something we believe would be a bad idea,” she added.

Visit purpose

Truscott said that Amnesty International’s main purpose during its visit had been to meet with key state officials as well as other stakeholders.

She noted that while having met with senior officials such as the president and Gender Minister, the NGO had not been able to arrange discussions with Police Commissioner Abdulla Riyaz or Home Minister Dr Mohamed Jameel Ahmed during the visit.

Dr Jameel told Minivan News today that he had been busy at the time of Amnesty International’s request to meet, but had since requested his office to follow up and try and set up talks.

Police Spokesperson Chef Inspector Hassan Haneef was seeking clarification as to whether Commissioner Riyaz had received a request to meet the NGO at time of press.

Amnesty criticism

In September last year, Home Minister Jameel criticised Amnesty International in local media for failing to seek comment from the government when compiling a previous report on the country entitled: “The other side of Paradise: A Human Rights Crisis in the Maldives”.

“They had not sought any comments from the Maldives government. I’m extremely disappointed that a group advocating for fairness and equal treatment had released a report based on just one side of the story,” Jameel told newspaper Haveeru at the time.

Meanwhile, just last month, Human Rights Ambassador of the President’s Office “Sandhaanu” Ahmed Ibrahim Didi accused Amnesty International of “fabricating stories about the human rights situation in the Maldives” and of releasing reports about the Maldives without conducting any studies.

Truscott’s comments were made as preliminary observations following her research visit to the Maldives that commenced April 16.  The NGO has said it will be releasing an official statement on its findings later today.

Likes(0)Dislikes(0)

Maldives records double-digit tourist arrival growth during first quarter of 2013

Tourism arrivals to the Maldives during the first quarter of 2013 were up 14.6 percent over the same period last year, as declining Western European demand failed to offset growing interest in the destination from Asia and Eastern Europe.

According to official statistics, 293,112 tourists arrived in the country between January to March 2013.  During March alone, 99,498 visitors were recorded in total – an increase of 30.1 percent on a year-on-year basis.

Over the last month, the tourism industry has faced several potential boycotts as a result of negative headlines, such as the controversial flogging sentence handed to a 15 year-old rape victim who admitted to having consensual sex with an unnamed man during a police investigation.

So far over two million people have signed an online petition backing a selective tourism boycott by Avaaz.org.  The petition aims to launch a media campaign targeting local resort businesses to pressure key decision makers to push for legal reforms in how sexual offences are dealt with.

Similar boycott action has been threatened in China, where concerns over alleged discrimination of Chinese nationals by one resort operator created negative publicity for the Maldives across local press and social media services.

However, tourism authorities told Minivan News late last month that after a“challenging” 2012 following political upheavals – a much more optimistic outlook was expected for the industry over the next two years. The country is presently well on target to meet a one million visitor target that it failed to reach by the end of 2012.

Regional visitors

During the last three months, China has continued to remain the key driver behind growth in tourism arrivals.  Some 70,570 arrivals were recorded for the first quarter of 2013, an increase of 51.2 percent over the same period last year. China accounted for 24.1 percent of all tourist arrivals to the Maldives between January and March, remaining the largest national market in terms of arrivals by over ten percentage points.

Total tourist demand from the Asia Pacific region was up for the quarter by 41.6 percent, amounting to 109,233 visitors, according to the statistics.

Meanwhile, European visitor numbers were up 0.3 percent over the same period last year, as demand from Central and Eastern Europe during the quarter rose by 24.2 percent – amounting to 39,273 people.

Russia remained the key market in the region, amounting for 8.3 percent of all arrivals to the Maldives over the first three months of the year. Visitor numbers from the country between January and March reached 24,255 people – up 21.8 percent over the same time last year.

In Western Europe, tourist demand fell 5.5 percent for the quarter, amounting to 69,747 visitors. This region still represented a 23.8 percent share of total arrivals to the Maldives for the first three months of the year.

During the same quarter, visitors from key markets including Germany and France fell by 2.6 percent and 11.3 percent respectively.

Elsewhere in Europe, arrivals from the United Kingdom and Italy – key traditional markets for the Maldives – were also down. Visitors from the UK for the first three months of the year fell by 7.6 percent to 22,550. Italy posted a 13.7 percent decline for the quarter – amounting to 23,247 guests.

In Africa, 1,588 people visited the Maldives during the quarter, up by 28.9 percent over the same period last year.

Across the Americas, demand rose by 31.8 percent for the first three months of the year, amounting to 8,006 people.  Between January and March, 2013, Middle Eastern arrivals increased by 53.4 percent over the same period last year, with 6,665 visitors.

Optimism

Ahead of the release of the March 2013 statistics, Deputy Tourism Minister Mohamed Maleeh Jamal told Minivan News last month that the outlook for the year ahead was much more optimistic than in 2012.  He pointed to protests in Male’ during the build up and aftermath of last year’s controversial transfer of power as a key difficulty faced by the industry last year.

With the bulk of protests following the change in government last year having been concentrated in the capital, Maleeh said that “false information” indicating that tourists staying at the country’s isolated island resorts would be affected by protests had since been dispelled.

However, in light of political uncertainty in 2012, the incoming government of President Dr Mohamed Waheed Hassan had sought to utilise public relations groups and advertising to try and offset the perceived impact of negative news headlines following the transfer of power.

This focus has included agreeing a US$250,000 (MVR 3.8million) advertising deal to promote the country’s tourism industry on the BBC through sponsorship of its weather services, as well as signing a £93,000 per month (US$150,000) contract with public relations group Ruder Finn to try and improve the country’s image internationally.

Despite some challenges posed by a reduced state budget for marketing this year, Maleeh said authorities were continuing to press for private funding to help with mainstream ad pushes on services like CNN and the BBC.

“We hope to have an announcement by the middle of the year,” he said.

Maleeh added that between April to August this year, a number of foreign journalists from all over the world would be invited to take part in ‘familiarisation trips’, which were claimed to have proved “very effective” the previous year.

Efforts are also expected to be undertaken in china to provide promotional focuses in mainstream media, such as state broadcasters state broadcasters, to promote the destination with local assistance.

Likes(0)Dislikes(0)

Government pursues legal reforms with cabinet shake-up

The government has appointed Aishath Bisham as Attorney General (AG) to replace Azima Shukoor, who has taken the role of Minister of Gender, Family and Human Rights to oversee legal reforms previously proposed by the government.

President’s Office Media Secretary Masood Imad confirmed that the government had decided to transfer Shukoor as part of commitments to potentially end the use of flogging as a punishment for sexual offences – a practice it previously alleged serves to punish victims of rape and abuse in some cases.

Bisham’s appointment as AG comes as an Avaaz.org petition calling for a moratorium on flogging and better laws to protect women and girls in the Maldives reached more than two million signatures – more than twice the number of tourists who visit the country each year.

The campaign stems from concerns over the Juvenile Court’s sentencing of a 15 year-old girl to be flogged after she confessed to authorities of having consensual sex with an unknown man during investigations into a separate case of abuse.  The abuse was allegedly carried out by her stepfather.

Sources on Feydhoo in Shaviyani Atoll, where the 15 year-old girl originates from, last month told Minivan News that concerns had been raised by islanders since 2009 that the minor had allegedly been the victim of sexual abuse not just by her stepfather, but by a number of other unidentified men on the island.

During her time in the Attorney General (AG’s) Office, Azima Shukoor appealed the court’s decision regarding the minor’s sentence. Meanwhile, international pressure has continued to mount on the government to review the charges against the girl and push for reforms of how sexual offences are dealt with by the local court system.

President Dr Mohamed Waheed’s government has previously criticised the sentence, but warned this week that any form of boycott such as those proposed by Azaaz would serve to setback to the economic opportunities and rights we are all striving to uphold for women, girls and the hardworking Maldivian people in general.”

In a letter published on Minivan News on Saturday (April 6), Avaaz.org Executive Director Ricken Patel insisted that the organisation had not called for a outright tourism boycott.

“What we do stand ready to do, however, is to inform tourists about what action is and isn’t being taken by the Maldives government to resolve this issue and change the law, and to identify those MPs and resort owners who are using their influence to push for positive change – and those who are not,” Patel said.

“Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly,” he added.

Legal reform

The President’s Office has previously expressed hope that punishments such as flogging would be debated by relevant authorities to try and find an amicable solution to the problem.

The Maldives Constitution does not allow any law that contradicts the tenets of Islam, with the criminal charge of fornication outlined under Islamic Sharia.

However, President’s Office Spokesperson Masood previously noted that the Maldives had a tradition of turning away from practices such as the death sentence and various forms corporal punishment that form part of Sharia law.

He said that punishments such as removing the hand of a suspect in the case of theft had not been used since back in the 1960′s.  Masood maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

He concluded that all authorities involved in proposed legal reforms would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

Avoiding prosecution

A senior legal expert with experience of working under both the present and former governments has told Minivan News that that while the Maldives Constitution requires that laws in the country do not contradict Islamic Sharia, there were ways of avoiding prosecuting suspects on charges of fornication.

“There are many Islamic legal interpretations that place several conditions to fulfill before a prosecution on fornication be brought forward. Some scholars even go further and argue that hudood offences cannot be practiced in the legal justice systems at the current time,” claimed the legal source, who spoke on condition of anonymity.

“Their argument is that Islamic Sharia is a way of life and you cannot pick and choose which areas you need to implement. Basically, you cannot implement Islamic criminal justice system in its original form when Islamic commercial system or Islamic governance is not observed.”

Despite his government’s stance on flogging, President Waheed’s Gaumee Ithihaad Party (GIP) has recently declared itself part of a coalition with the religious conservative Adhaalath Party (AP), which has publicly endorsed the 15 year-old’s flogging sentence, stating that she“deserves the punishment” as outlined under Islamic Sharia.

The Adhaalath party, members of which largely dominate the Maldives’ Ministry of Islamic Affairs, stated that the sentence of flogging had not been passed against the minor for being sexually abused by her stepfather, but rather for the consensual sex which she had confessed to having to authorities.

Likes(0)Dislikes(0)

Government appoints attorney general as acting human rights minister

Attorney General (AG) Azima Shukoor has been appointed as Acting Minister of Gender, Family and Human Rights, the President’s Office has announced.

Shukoor’s appointment comes at a time when the government has committed itself to review laws it has previously claimed discriminate against – and in some cases criminalise –  women and minors believed to be the victims of sexual abuse.

President’s Office Media Secretary Masood Imad declined to speculate on the reason for reappointing the role of acting gender minister, stating only that there was “not much time” and limited resources at the government’s disposal to “get its house in order”.

Masood told Minivan News last month that the Maldives had experienced a number of similar criminal cases of late where young women had been victimised and punished by authorities – a situation he said the government was looking to prevent.

“We are reviewing this right now and if we have to go to the extent of changing existing laws then we would look to do this,” he said.

The Gender Ministry and the Ministry of Islamic Affairs were among the state bodies requested to be part of any potential review, Masood has previously claimed.

Such commitments were made as authorities come under intense scrutiny from local and international civil society organisations following global media coverage of the trial and conviction of a 15 year-old girl on the island of Feydhoo in Shaviyani Atoll for fornication.

In a separate criminal case, the same 15 year-old girl has been identified as a victim of child abuse after giving birth to a baby later discovered last year buried in the outdoor shower area of her home.

Her stepfather was later charged with child sexual abuse, possession of pornographic materials and committing premeditated murder.

Azima Shukoor was not responding to calls from Minivan News at time of press.

Previous ministers

The acting gender minister position has previously been filled by Minister of Environment and Energy Dr Mariyam Shakeela.

Dr Shakeela was appointed as acting minister on November 21 last year as a replacement for Dhiyana Saeed, who was dismissed from the role for acting in a manner the President’s Office has previously said was not suited for a minister.

Dhiyana had strongly criticised President Dr Mohamed Waheed Hassan Manik and his government over the arrest of her husband, Kaashidhoo MP Abdullah Jabir, who was arrested under suspicion of drinking alcohol.

Jabir re-joined the opposition Maldivian Democratic Party (MDP) following the arrest.

Likes(0)Dislikes(0)

Advocacy group requests government “not delay” reform of child sex abuse laws

A child rights NGO has called on the Maldivian government to pass needed legislation concerning the treatment of sexual abuse victims, on the back of several high-profile court cases involving minors.

The Advocating the Rights of Children (ARC) NGO told Minivan News it was concerned about a lack of legislation in the country to protect victims of abuse. The NGO has also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

The comments were made as the government reiterated a pledge over the last month to review and amend laws on sexual abuse that it has claimed, in certain cases, treat sexual abuse victims as perpetrators.

A spokesperson for the President’s Office confirmed Thursday (February 7) that authorities would be holding a one day seminar with the Islamic and gender ministries over the next two weeks on legal reform over concern at cases such as a 15 year-old girl being charged for fornication.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela was not responding to calls from Minivan News at time of press.

Civil society concern

Addressing these commitments by the state, a spokesperson for ARC said it hoped the government would not delay in fulfilling its “pledge to try and review sexual abuse laws with regard to how victims are treated.”

“In addition, we also believe that further steps need to be taken to such a review. [These include] reviewing and strengthening the current institutions and existing services,” the NGO spokesperson said.

ARC has also called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

A spokesperson for the NGO claimed such reviews would be vital to help ensure the protection measures are “gender sensitive, non-intimidating and safeguard children’s access to justice.”

“We concerned that the government budget for 2013 saw a huge decrease in the area of social protection, which will strongly impact work in this field,” the spokesperson added.

Legislative support

ARC identified a lack of specific legislation protecting rights for children and adults – despite the Special Measures Act 2009.

The spokesperson for ARC said a lack of a comprehensive laws on child’s rights, coupled with a general reluctance by witnesses and professional to testify in court, highlighted wider challenges affecting reforms to abuse cases.

“ARC believes that in the event that a need for testifying in a court of law is required, every person should make this a moral obligation/duty to give their full cooperation to the authorities/courts,” the spokesperson said.

According to the NGO, another important challenge urgently needing to be addressed was a perceived disparity between how child abuse cases were being investigated in the capital Male’ compared to the country’s outer atolls – particularly in regards to the use of evidence and psychological support.

In cases where the police or judiciary were dealing with minors, ARC said more training was needed to ensure children were being dealt with sensitively during investigations or trials.

“It is imperative that if the child has to be taken for questioning to a court or by police officers, it has to be ensured that the surroundings are child friendly and that all officials dealing with the child have received adequate training and experience to sensitively deal with children,” said the NGO spokesperson.

ARC said it hoped the government would provide greater room for civil society to play a role in shaping future legislation, adding that NGOs themselves needed to show greater cooperation on key issues.

“While it is encouraging that more civil society groups are being active on social issues such as this, there needs to be a stronger collaborative mechanism between them, particularly in efforts to raise awareness,” the NGO spokesperson added.

ARC said it had been conducting ongoing awareness campaigns to make the general public aware that child abuse was not just related to physical or sexual attacks, but also verbal and emotional torment that could have long terms impacts on the development of a minor.

“While child abuse cases have been increasing, it is also important to recognise the many numbers of unreported cases. We have placed billboards in Male’, and will soon air a public service awareness [advert] to emphasise that suspected child abuse must be reported and not overlooked, and also familiarise people with the reporting numbers of both the child helpline and police helpline,” stated the ARC spokesperson.

“We have also highlighted that people can maintain anonymity when reporting, which is often one of the reasons people hesitate to report such cases, particularly in a small society like the Maldives.”

High profile cases

Just last week, the Maldives high Court rejected a request to take a local man into custody over the alleged abuse of an 11-year old relative, despite the male suspect having previously been held under house arrest at the same property in which his alleged victim lived.

The Prosecutor General (PG’s) Office confirmed that following a remand hearing on Tuesday (February 5), the suspect had been released from house arrest – with no restrictions placed upon his movement ahead of his unscheduled trial.

The remand hearing took place at a time when the PG’s Office is already facing government criticism for pursuing a case against a 15 year-old minor on charges of having “consensual sexual relations”.

The 15 year-old presently facing charges of having “consensual sexual relations” has also been identified as the victim of child sex abuse in an unrelated criminal case also being pursued by authorities.

The two cases are the latest in a line of high profile sexual abuse trials concerning minors, which have been met with international condemnation.

Likes(0)Dislikes(0)