Tag: discrimination

Parliament’s paralysing of HRCM is “unforgivable”: Saleem

Parliament’s failure to approve a President and Vice President of the Human Rights Commission of the Maldives (HRCM) before going into recess has left the country without a functional human rights body, according to former HRCM President Ahmed Saleem.

“Because of the irresponsible behaviour of the Majlis, the three member commission sworn in on August 17 is now defunct,” Saleem claimed.

The required quota of commission members is five.

“Two new members are still to be sworn in and there is no President or Vice President to preside over the meetings, which must be held at least once a month according to HRCM’s regulations,” Saleem explained.

“What the Majlis has done to HRCM is unforgivable, and it’s all because HRCM and human rights are not as important to the Majlis as taking their leave,” he said.

“The Majlis is destroying this country and leaving the government incapable of doing anything.”

Saleem’s concerns about HRCM were echoed by a coalition of local human rights NGOs, including the Maldivian Democracy Network, Maldives NGO Federation,Transparency Maldives and Democracy House.

“According to Article 9 of the HRCM Act, the President of the Commission holds the chair in all meetings of the Commission and is also tasked with assigning complaints that the Commission receives to the different members,” the coalition observed in a statement.

“The Vice-President of the Commission takes over these responsibilities when the President is either absent or unable to perform these duties. Thus, the non appointment of either a President or a Vice-President is an immense obstacle to the effective functioning of the Commission.”

The NGOs claimed it was the duty of the Majlis “to ensure that an important institution such as the HRCM does not fall into a legal void”, and that leaving the institution to flounder until parliament reconvenes in October “would be a great disservice to the people of the Maldives.”

The reasons for parliament’s failure to resolve the appointments of the commission’s President and Vice President are unclear.

The three members appointed to the Commission from the list sent to parliament by President Mohamed Nasheed included Maryam Azra Ahmed of Maafannu Hukuradhige, Jeehaan Mahmood of Dheyliyage in Hinnavaru of Lhaviyani Atoll and Ahmed Thalal of Henveiru Adduge. Saleem was listed but was not approved by parliament  – “it is my job to be critical of the government – I was surprised when the whole opposition voted me out,” he commented.

However President Nasheed’s nominations for HRCM’s President and Vice President, Azra and Jeehaan respectively, were not approved prior to parliament’s recess – an approval Saleem described “as usually just a formality”, but critical to the functioning of the institution.

Speaking in parliament on August 30 (pages 69-75), DRP Deputy Leader Ilham Ahmed said that while he considered the people appointed for HRCM as capable, the role of President and Vice President “should include a male.”

“Even if you look at it from a religious perspective or from the perspective of good policy, there should be a male in either post,’’ he said.

Independent MP for Kudahuvadhoo, Ahmed Amir, said it was “against human rights” to have two females in the roles of President and Vice President.

“It is the woman who calls for equality most of the time,’’ said Amir.

Minivan News attempted to contact Ilham, but he hung up with an apology.

Saleem observed today that the last commission “had men as President and Vice President and nobody said anything.”

“This time [President Nasheed] proposed two ladies. I have no problem with that – but they must be capable people,” he said, adding that “it would be nice to have a man and a woman for the sake of gender balance.”

The NGO coalition called on parliament to remain free of gender bias, stating that as the laws allowed women “to take up not only the Presidency of the Republic, but also become judges, commission members, commission presidents, and take up other important posts in the State, and that the Presidency and Vice-Presidency of most other commissions and bodies in the country are dominated by men, there is also no room to claim that women being appointed as both President and Vice-President of the HRCM is contrary to the rule of equality among the sexes.”

To not appoint a person to a particular post on grounds of the person’s sex “would in fact be contrary to Article 17 of the Constitution which enshrines the principle of non-discrimination”, the coalition suggested.

Maldives High Commissioner to the UK and the first female in the Malidves to receive a PhD, Farahanaz Faizal, said it was “absolutely horrifying to know that in the 21st century some of our parliamentarians are trying to obstruct this and discriminate against women simply because of their gender, no matter how experienced or qualified they may be.”

“In our recent past, we have had very capable women leaders in all walks of life, both in the government and outside, such as Moomina Haleem, our first female cabinet Minister,” Dr Faizal said.

Deputy Minister for Health and Family, Mariya Ali, said she felt it was important that “more women are in such positions, because it inspires younger women to seek higher education, and shows them what they can achieve if they work hard.”

“I feel it is a very important step for us to take that women are given such high posts, because unless they are taken, stereotypical attitudes towards women will persist,” she said. “If they are capable, why not appoint them?”

Recourse

Saleem suggested that the government had made a mistake by not waiting until all five members of the commission had been approved, including the President and Vice President, “instead of rushing the whole process.”

“No democracy can function without a functioning human rights body,” he said.

“According to Article 297 of the constitution, the old commission must continue functioning until a new five member commission takes over. If there is to be a legally functional HRCM to protect the rights of the Maldivian people it can only be the HRCM appointed for five years in November 2006 – or else constitute the new one lawfully ASAP.”

Parliament was also recently criticised for leaving HRCM in constitutional limbo following the conclusion of the interim period, after failing to conduct the reappointments in time for the August 7 deadline.

A source at HRCM observed at the time that the legal legitimacy of the institution’s activities were questionable until the new commission was approved: “we don’t even know if we are supposed to be going to work.”

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Forced labour and discrimination rife in the Maldives, claims report

Forced labour is a “serious problem” in the Maldives and a sign that the government is not fulfilling its obligations as a member of the International Labour Organisation (ILO), claims a report into the country’s labour and trade union policies by the International Trade Union Confederation (ITUC).

The report, produced for the World Trade Organisation (WTO) in October, found a “relatively large number of forced labour-type situations among migrant workers and female domestic workers in the Maldives.”

“Domestic workers, especially migrant female domestic workers, are sometimes trapped in situations of forced labour and are in many cases forbidden from leaving the employers’ home through threats and other means,” the report said, citing figures from the 2009 report of the Human Rights Commission of the Maldives.

“It is estimated that the number of migrant workers has almost tripled during the past five years and there are more than 80,000 migrant workers in the country, equivalent to
around 26 per cent of the population. While many are not in a situation to be defined as bonded labour or forced labour, many other labourers from neighbouring countries pay
large sums as commissions to receive employment in the Maldives and often are not in a position to quit their job before they have paid back the sums of money borrowed.”

“I think there’s some truth in it, particularly with female workers from Sri Lanka and India finding themselves in situations where they are not being paid, or not able to limit their working hours,” said President of the Human Rights Commission of the Maldives (HRCM) Ahmed Saleem.

Children were particularly at risk, the report noted, with some of those migrating to Male from the outer islands for educational purposes finding themselves forced to work as informal domestic workers in exchange for accommodation and food.

“The house work done by such children is not voluntary in the cases where their continued stay in such houses depends on such children obediently doing house work as required by the owners of houses,” the report found, adding that child labour was also reported in the fishing industry.

Saleem said he had not heard of such practices in the fishing industry, but noted that when people living on the islands sent children to study in Male “many places will provide food and pay expenses, and in return the [child] may feel obliged to do work.”

There were many advertisements for such arrangements in local newspapers, he observed.

Workplace discrimination

The report also lambasted the government for failing to implement the prohibitions in the Constitution and Employment Act against workplace discrimination, especially regarding women.

“Women face discrimination at the workplace and in society, a problem which the government has failed to address in any satisfactory way,” the report said.

“At certain workplaces it is not permitted to get married or pregnant as this would lead to a termination of employment or change of job, and the complete absence of child care facilities forces many women to leave their job once their first child is born.”

Aishath Velezinee, member of the Judicial Services Commission, questioned whether this occurred and noted that the Maldives’ lack of childcare facilities stemmed from the culture historically relying on extended families for this purpose.

“Until lifestyles and ways of living began to change, there hasn’t been a need for it,” she said.

As for sexual harassment, another area highlighted in the report, “it exists but there is also a bill being drafted. I would say the state is addressing the issue.”

Discrimination based on sex was similar to that based on perceived cultural and profession hierarchies, she said.

“People don’t seem to understand the concept; they see [discrimination] as a cultural thing. It is a big issue: we don’t seem to understand the discrimination as it is meant in the Constitution or as it is expected in a democratic country.”

Even in the Supreme Court, she said, junior staff were made to take off their shoes and either wear slippers or go barefoot to protect the soft marble floors while senior staff could wear shoes.

The report also noted that women were prevented from working at many resorts because of their remote locations, as it was not considered socially acceptable for young unmarried females to stay on resorts for long durations.

“Traditionally women are disadvantaged in the Maldives, particularly in the application of Shari’a law in matters such as divorce, education, inheritance, and testimony in legal proceedings,” the report said, a state of affairs Velezinee admitted was “true”.

Saleem however observed that the Maldives treated women far better than other Islamic cultures, “where many [women] would describe themselves as slaves and sex objects.”

“Maldivian women have had voting rights since time immemorial. I’m not saying anything is perfect, but I think we have done more than other Islamic countries,” he said.

Collective bargaining

Furthermore, the report claimed that the Constitution and Employment Act contained no provisions allowing workers to collectively bargain, and despite the presence of active workers’ organisations such as the Tourism Employees’ Association of Maldives (TEAM) and the Teachers’ Association of the Maldives (TAM) the country had yet to formally recognise any trade unions.

“Strikes have been suppressed and encountered violent reactions from the the police [in the past],” the report said, observing that “freedom of association is still far from common practice.”

The right to collective bargaining “should be integrated [into the Constitution and Employment Act] now the Maldives is a member of the ILO,” the report urged.

“It must be the primary priority of the Maldives to ratify and fully implement the eight core ILO conventions and bring its labour law and practice in line with international labour standards.”

Saleem agreed: “Everyone knows the Employment Act needs changes. The Labour Ministry has said it will look at the recommendations we made [on the subject], but it has been two months. It’s time the government made it a priority – the Labour Minister has a lot of work to do.”

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