Tag: Avazz.org

Fifteen year-old’s appeal of flogging sentence for fornication stalled in High Court

State and judicial authorities have failed to provide a timeline for the appeal of a 15 year-old rape victim sentenced to flogging for a separate incidence of fornication, despite repeated pledges and promises of wider legal reform.

The 15 year-old minor from the island of Feydhoo in Shaviyani Atoll was convicted to 100 lashes and eight months of house arrest in February 2013, after confessing to fornication with another man during an investigation into allegations she was sexually abused at the hands of her stepfather. Those allegations arose with the earlier discovery of a dead baby buried in the outdoor shower area of the family’s home.

A month after the sentence was delivered, sources on Feydhoo told Minivan News that islanders had been raising concerns to the authorities over the girl’s abuse by other men on the island since 2009.

Sources at the time accused law enforcement officials, civil society and successive governments of failing on every level to protect the minor.

Widespread international coverage of the sentencing has since led to over two million people signing an Avaaz.org petition calling for her sentence to be quashed, a moratorium on flogging, and reform of laws to protect women and girls in the Maldives.

Despite the country’s international reputation as an romantic island getaway for couples, fornication (sex outside marriage) is illegal in the Maldives and is subject to Sharia punishments under the 1968 penal code.

However, statistics from the Department of Judicial Administration show that flogging sentences are overwhelmingly issued to women. Of the 129 fornication cases filed last in 2011, 104 resulted in sentences – 93 of whom were female.

Meanwhile, the Judicial Services Commission (JSC) has dismissed calls to suspend Supreme Court Judge Ali Hameed following the judge’s appearance in at least three recently-leaked sex videos appearing to depict him fornicating with unidentified foreign women in a Colombo Hotel room, citing “lack of evidence”.

15 year-old’s appeal stalled

The opening hearing of a High Court appeal of the girl’s flogging sentence, filed on her behalf by Attorney General Azima Shukoor, was held on April 29

The High Court has confirmed to Minivan News that there had been no further hearings in the three months since, and no further hearings scheduled.

However, a legal source speaking this week on condition of anonymity said the hearing in April was believed to have been the last, with the court expected to deliver a verdict on the case the next time it reconvened on the issue.  The appeal is being heard behind closed doors.

The flogging would be administered when the girl turns 18, although local media has previously cited a court official who claimed it could be implemented earlier should the minor request so.

Deputy Solicitor General Ahmed Usham confirmed that the sentence had not been carried out, and reiterated that no date had yet been set for a verdict on the minor’s appeal.

Usham added that a process to oversee legal reforms into the treatment of sexual abuse victims involving state bodies including the Attorney General’s (AG’s) Office was ongoing at present.

“Hopefully something concrete will be announced on this soon,” he said, but could not speculate on a timeline.

President Dr Mohamed Waheed’s government has previously pledged to review and “correct” laws it says victimise young women and minors who have suffered sexual abuse.

President’s Office Spokesperson Masood Imad previously expressed hope that the use of punishments such as flogging would be among practices debated as part of reforms.

“I’m sure when we debate [punishing suspects for fornication with lashes], we will find an acceptable solution for all parties,” he said.

More recently, the President’s Office said current legal practices involving the treatment of victims of sexual offences could not be changed overnight, and required gradual implementation.

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

The President’s Office today confirmed that Dr Waheed had established a “special committee” as part of efforts to try and oversee the requested legal reforms, referring any specific questions on its work to Spokesperson Ahmed ‘Topy’ Thaufeeq.

Thaufeeq was not responding to calls or text messages at time of press.

Recently appointed Gender Minister Dr Aamaal Ali meanwhile requested Minivan News contact the office of former Gender Minister and current AG Azima Shukoor concerning the current status of attempts to reform laws on the treatment of sexual abuse victims.

Azima was not responding to calls or e-mails to her office at time of press.

Local newspaper Haveeru meanwhile last weekend interviewed the judiciary’s official flogger, Abdul Khalig.

“According to his memory, Khalig has enforced flogging sentences of over 300 people which amounts to thousands of lashes with his leather whip,” reported Haveeru.

“But Khalig to this day remains hesitant when it comes to flogging the elderly given their age. But he assures that no old person mostly sentenced for fornication and child abuse had come to any harm as a direct result of the flogging.

“No matter who the person is, this must be done. It is not a cruel punishment. Only one woman fainted whilst I was flogging her,” Khalig told the paper.

“I notice that people who have been flogged, repent and live good lives afterwards. Because this such a small society I see it quite often. People who have been flogged for fornication later go on to live very good lives,” he said, adding that he was now hoping “to impart what he has learned to the next generation before he retires.”

15 year-old’s case “tip of the iceberg”: Amnesty International

Speaking to Minivan News at the conclusion of a nine day visit to the country in April, Amnesty’s South Asia Director Polly Truscott claimed the treatment and controversial flogging sentence handed to the 15 year-old girl was the “tip of the iceberg” regarding the Maldives’ treatment of sexual abuse victims.

Earlier the same month, Maldivian NGO Advocating the Rights of Children (ARC) criticised child protection measures currently in place in the country as “inadequate”, urging government authorities to incorporate several key human rights obligations into domestic law.

ARC at the time told Minivan News 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.

Minivan News meanwhile in June investigated reports of “widespread” child prostitution being conducted in Laamu Atoll, and was informed by a private clinical psychologist that the practice had become “so common” that the victims considered it “normal”.

Multiple sources told Minivan News the practice has prevalent across the Maldives, ranging from male benefactors grooming children with ‘gifts’ to parents actively selling the sexual services of their children – some as young as 12.

Official and public acknowledgement of the “systemic” child sexual abuse remains taboo, although Azima Shukoor – then Family and Gender Minister – in a statement on May 10 to mark Children’s Day revealed that “children being used as sex workers, where the children are sent to places as a means to pleasure people and to gain an income from such a trade. This is being practiced in the Maldives today. Both boys and girls are being used in this trade.”

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President Waheed slams efforts to boycott Maldives tourism over nation’s “shortcomings”

President Dr Mohamed Waheed has criticised unspecified groups that are calling for a boycott of the Maldives’ tourism industry, expressing concern that it is the largest source of income for the nation.

According to the President’s Office website, his comments were made during a visit to the island of Neykurendhoo as part of a wider tour of  South Thiladhummathi Atoll ahead of elections scheduled for September this year.

The president raised the concern on the back of 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 a 15 year-old convicted of fornication, and to pursue wider legal reforms to prevent similar cases.

Minivan News understands that officials from Avaaz had visited the Maldives last week to meet with government officials and research the case.

Meanwhile, NGO Amnesty International last month raised concerns that minor’s handling by authorities was the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences

President Waheed told islanders on Neykurendhoo yesterday (May 3) that he didn’t believe “defaming” a country was the best way to ensure development of a nation, while also condemning the “efforts of a minority of people attempting to create animosity and hatred between families and societies”.

The president added that no matter how well developed any country was, all nations faced political and social problems that needed to be addressed, he therefore criticised any attempts to use such “shortcomings” as a means to back a boycott campaign.

President Waheed also used the visit to lay the foundation stone of the Neykurendhoo Friday Mosque on the island, while also promising wider infrastructural development to provide improved sewerage and water systems expected to be established in the near future.

The new mosque is being built with the assistance of Saudia Arabia, according to the President’s Office.

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Maldives minister slams “dubious” motives behind Avaaz boycott campaign

Deputy Tourism Minister Mohamed Maleeh Jamal has slammed what he calls the “dubious” motivations behind an Avaaz.org petition calling for tourists to boycott the Maldives in protest over the sentencing of a 15 year-old rape victim to flogging, alleging the campaign is “politically motivated”.

While accepting a need for “capacity building” in parliament and other institutions, Maleeh said tourism had been a key driver in ensuring national development and democratic reforms for the last 40 years, granting the industry “sacred” importance in the Maldives.

“People should not be doing anything to damage the 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.

The comments were made as over 1.7 million people worldwide have signed a petition on the Avaaz site aiming to target the “reputation” of the Maldives tourism industry and encourage the dropping of charges against the 15 year-old rape victim, as well as wider legal reforms to prevent similar cases.

The girl was sentenced on charges of fornication after confessing to having consensual sex with an unknown man during investigations into her alleged abuse by her stepfather. The girl is also alleged to have been abused by a number of unidentified men on her island dating back to 2009, according to sources on the local council.

The government of President Dr Mohamed Waheed has pledged to appeal the sentence given to the minor by the country’s Juvenile Court, while also reviewing local laws to enact potential reforms of the use of flogging. No time-line for such reforms has yet been set beyond the commitment to hold talks.

Democratic path

In an interview with Minivan News today, Deputy Minister Maleeh argued that over the last 40 years, the tourism industry has been an intrinsic part of not only relieving poverty nationally, but also driving the country’s democratic transition process – leading eventually to elections in 2008.

Presidential elections are now scheduled for later this year in a highly-polarised political environment that follows a controversial transfer of power in February 2012 that saw President Waheed come to power following a mutiny by sections of the police and military.

Former President Mohamed Nasheed and his opposition Maldivian Democratic Party (MDP) have alleged that his government was ousted in a “coup d’etat”.  Nasheed has maintained these claims despite the findings of a Commonwealth-backed Commission of National Inquiry (CNI).

“Chaos and anarchy”

Considering the present political landscape, Maleeh claimed Avaaz.org had been deliberately “misinformed” in a politically motivated attempt to destabilise the government and tourism industry through negative media headlines.

“By misinformed, I mean that I don’t think they have taken the government’s stand into account, the president has already spoke on the issue , as has the attorney general,” he said. “I think that in time, Avaaz will be informed of this and will even be our partners.”

Maleeh criticised the intentions behind the campaign, alleging the petition was being used for political gain, rather than focusing on the welfare of the 15 year-old girl at the centre of the sexual abuse allegations.

“I would say the motivation [behind the campaign] is dubious. The problem ultimately needs to be addressed by the judiciary and parliament, not the tourism ministry,” he said. “We are in the middle of a successful democratic transition. Killing the most important industry in the country will not give way for reforms, but chaos and anarchy.”

Maleeh claimed that when accounting for the economic significance and societal benefits of tourism to the Maldives, the industry was very fragile.

He added that the tourism industry has ensured continued national developments in “the right direction” that had helped to alleviate general poverty and improve the quality of life in the country. Maleeh pointed to the availability of consumer goods such as like branded coffees and other foods and produce as an example of the quality of life.

Maleeh added it had been tourism that helped drive democratic developments in the nation, with international parties encouraging former president Maumoon Abdul Gayoom, who served as the country’s autocratic leader for 30 years, to undertake a path towards democratic reforms.

“In the last 40 years [since the introduction of tourism]. we have listened to groups like the World Bank and the United Nations World Tourism Organization (UNWTO),” he said.

Pointing specifically to reforms that had brought a new constitution to the Maldives in 2008, Maleeh said that rather than seeking a damaging boycott, international partners like the EU, the US and Australia had in the past engaged in dialogue instead.

“We have western-educated people here. We know there are issues in parliament and with capacity building that needs to happen. But we cannot be compared to a Middle Eastern country for example,” he said. “ We are a successful transitional democracy.”

“Concerted effort”

Maleeh said that after facing the impact of negative international and domestic headlines following the controversial transfer of power last year, the country had undertaken a “concerted effort” to promote the Maldives.

“Negative news needs to be minimised as I believe that tourism should be sacred here in the Maldives. In recent years, the democratic system has helped tourism, so we encourage openness and are not afraid of media.  What we want to see is correct information being out there. There needs to be more accountability with stories proven with facts,” he said.

“As far as the tourism ministry is concerned we don’t discriminate against any media. It is only those channels who call to boycott [the industry] that we would hesitate to speak to.”

The government last year agreed 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.

For the coming year, Maleeh added that the Maldives was again seeking similar support from private groups to engage in high-profile marketing efforts with media organisations like CNN and the BBC to try and push the Maldives unique selling points – namely “sun, sea, sand and spa”.

He added that with the expected introduction of new high-profile hotel chains to the country’s resort industry, including Louis Vuitton Moët Hennessy (LVMH), there was strong potential for positive international headlines in the media.

With a reduced promotional budget available for the coming year, Maleeh added that regardless of the allegiance of the next government, consistency needed to be seen in the country’s promotional budget to better plan future campaigns.

Accepting the potential budgetary challenges ahead, Maleeh said he believed that the Maldives tourism industry had become adept at promoting itself even with limitations, pointing to the growing importance of social media services like Twitter and Facebook to destination marketing – especially in terms of photo sharing.

“The Maldives stands at an advantage in that no one can take a bad picture here,” he said.

Addendum: Avaaz Executive Director Ricken Patel sought to justify the organisation’s petition in a subsequent comment piece published in Minivan News.

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