Tag: Domestic violence

Domestic violence bill “good example” of cross-party cooperation: UN

The United Nations has congratulated the passing of the bill to address domestic violence in the country, describing it a “good example” of how dialogue among different groups and cross-party cooperation can yield beneficial results to the country.

According to a statement released by the UN office based in capital Male’, “The successful vote on the Domestic Violence Bill is a testament to the passion, optimism and dedication of the political parties, ministries, non-government organisations and grassroots activists who actively worked to reach this goal.”

UN Resident Coordinator Andrew Cox meanwhile said in the statement: “The enactment of the Domestic Violence Bill into law is urgently needed in the Maldives which has a high rate of gender-related violence, particularly affecting women and girls.”

“The passage of the bill is a good example of how dialogue among different groups and cross-party cooperation can yield beneficial results to the country,” Cox noted.

A national survey on “Women’s Health and Life Experiences” conducted with the support of UNFPA, UNICEF, and WHO showed that one in every three Maldivian women aged 15-49 reported experiencing some form of physical or sexual violence at least once during their lifetime.

Meanwhile, information from Family Protection Units indicates a high prevalence of gender based violence including child abuse, and that 87% of the perpetrators are known to the survivors.

“The passage of the DV bill is in line with Maldives’ international obligations under the Convention on the Elimination of Discrimination Against Women (CEDAW). The last CEDAW Report on the Maldives underscored the urgent need to address gender-based violence in the country, to put in place the appropriate legislative frameworks for prevention and protection, and the building of stronger protective services for women and children. ” the statement reads.

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Hopes of victims renewed as parliament passes domestic violence bill

The Maldives parliament yesterday passed a much awaited Domestic Violence Bill which for the first time will provide legal provisions to protect victims from domestic abuse through protective orders and improved monitoring mechanisms.

The bill received broad cross party support when it was submitted by then opposition Dhivehi Rayithunge Party (DRP) in October 2011.  It was submitted in an attempt to enact  key changes to existing legislation and address societal attitudes to violence committed against women and girls within domestic circles.

Out of the 54 MPs present at Monday’s parliamentary session, 50 voted in favour of the bill, while two members, including Jumhoory Party MP Ibrahim Muththalib and MDP MP Mohamed Gasam voted against it. Two MPs abstained from the vote.

The passage to endorsement took over an year longer than anticipated, mostly due to the resistance from several MPs who had argued the bill was “un-Islamic” and criticised it for “unduly favouring” women while at the same time making life “extremely difficult” for men, who they said, were wronged by women.

Independent MP Mohamed Nasheed, who re-drafted the bill during the committee stage, noted in an interview with Minivan News today that several MPs had proposed amendments during the committee stage to revise clauses they deemed were in contravention to Islam.  However, these proposed amendments failed due to the lack of support, he added.

Nasheed insisted that the bill is actually “gender neutral” and provided equal protection to “everyone in a domestic relationship” including husband and wife, family and non-family members such as house-helps.

He added, “The argument for women is generated as a larger segment of the vulnerable victims include women and girls”.

A Ministry of Gender and Family study – the first comprehensive nationwide survey of domestic violence in the Maldives – showed that one in every three women between the ages of 15-49 has been a victim of domestic violence.

The study suggested there was general acceptance of domestic violence across the country and among both sexes, who perceived it as being ‘normal’ or ‘justified’.

Seventy percent of Maldivian women believe, for example, that there are circumstances under which a man is justified in beating his wife. Infidelity and disobedience, most women accept, are valid reasons for taking a good beating from the husband.

A majority of women also accept that they have a subordinate role to men, the report stated among it’s conclusions.

The survey added that one in every three Maldivian men who commit acts of domestic violence against women do so for ‘no reason’. One in four does it to punish the woman for disobedience, and one in five does it because he is “jealous”.

One in every ten men beats up his partner because she refuses him sex, and the rest of them do it for any number of reasons  – lack of food at home, family problems, because they are broke or unemployed, because they are having problems at work, or because the woman is pregnant

The new legislation passed this week is designed to offers a holistic and effective legal framework for addressing domestic violence in Maldives. It aims to do this by providing sweeping powers to regulatory authorities to expedite investigations of abuse within private spheres, makes provision for protection orders and legal remedies for victims; punishments to perpetrators who violates the court orders; psychological and rehabilitative services for victims or perpetrators, and processes for promotion of reconciliation.

Offences and Protective Remedies

According to the legislation, sexual, physical and emotional abuse of victims, economic and psychological abuse, intimidation, stalking and harassment, deliberate damage to property of the victims are all considered offences and perpetrators are subjected to the punishments and court orders under this legislation.

A husband who deliberately impregnates a wife seeking a divorce from an abusive marriage, or impregnates her despite the known health risks will also be committing an offence under the legislation.

However, MP Nasheed observed the stated offences in the Domestic Violence Law are considered “civil offences”, but it does not prevent the criminal prosecution of the perpetrator under penal code and other relevant legislations.

The legislation also offers several civil remedies for alleged victims to protect themselves and families from further abuse from assailants through protective orders, restraining orders and custody/maintenance orders.

The protective orders include “certain things that cannot be done or acts from which the victims are protected,” Nasheed explained.

The restraining order meanwhile prohibits an alleged perpetrator from committing specific acts pertaining to the complaints. For instance, where the perpetrator and the victim share the same household, the court can restrict the victim from “entering and exiting their private dwelling, place of work, employment, teaching, learning or any other commonly visited place.”

Meanwhile, in the event a wife applies for a protection order, the bill gives courts the authority to evict the husband from the residence, if the need arises.

The court can grant a three-month provisional order without a trail or to the knowledge of the alleged perpetrator while he or she is given the right to challenge the order during the trial to make the order permanent.

Violations of these orders are constituted as a criminal offence and the perpetrator is subjected to a maximum fine of Rf50, 000 and maximum three years of imprisonment.

Police and Family Protection Authority

Under the legislation, in cases where the police has reasonable evidence to believe a person is a victim of domestic abuse, the police can enter the place of crime without a court order and arrest perpetrators.

It also mandates the police to transfer the victim from the abusive environment to a secure location, if necessary with their own expenses.

“Once the legislation is ratified, the police must decide and announce protocols to address domestic violence cases, assess the level of damage to the victims and if necessary remove the victim from abusive environment and give shelter,” Nasheed noted. “Once these protocols are activated, [police] don’t wait to decide who takes care of the expenses.”

Police media official Hassan Haneef said today that the police will comment on the legislation after a thorough study.

Health professionals and care workers are subjected to statutory obligations to report and act on suspected domestic violence cases.

Meanwhile, an institution named “Family Protection Authority” (FPA) must be established under the legislation with the primary mandate to implement the legislation and create awareness.  The authority must establish easy mechanisms among other responsibilities, to allow victims to report abuse, provide psychological and rehabilitative services for victims and perpetrators, and processes for promotion of reconciliation.

According to Nasheed, the existing Department of Family and Child Protection Unit under the Health Ministry is likely to “ripen into the full fledged institution [FPA]”.

The Gender Department had earlier echoed concerns over the lack of a budget required to implement the legislation and asked the parliament to pass it with the necessary budget.

However, Nasheed responded although a budget has not been allocated under the legislation it does not” prevent the legislation coming from into being” and added that once the law is passed, it “gives the authority the right to charge the consolidated fund.”

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Man walks free after 2-year murder trial

Mohamed Waheed of Maafanu Goalwich, accused of murdering his girl friend’s eight-month old child in June 2009, has been freed by the Criminal Court on the grounds that the Prosecutor General’s Office (PG) failed to prove he committed the crime during the two year long trial.

Judge Abdullah Didi who heard the case concluded today that Waheed refuted the murder charge, while no substantial evidence was provided to the court by PG to prove that Waheed had caused any harm to the child.

The Judge noted that in cases such as this, the prosecutors must prove the alleged party is guilty “beyond reasonable doubt” and since enough evidence was not presented, the court acquitted Waheed.

However, the baby’s mother, Noorzaadha Ali of Addu Atoll Hithadhoo, was sentenced to six months imprisonment in April 2011 for negligence.

Ali was not herself charged with murder, although the court ruled that she was in violation of elements of the Penal Code.

According to local media, the presiding judge said at the time that the suspect had not vaccinated the baby, taken proper care to clean the child, and failed to explain internal and external injuries to her child.

On the basis of these findings, the judge declared that Nooruzaadha had neglected her duties as a mother.

The eight-month-old baby boy died in the intensive care unit of Indira Gandhi Memorial Hospital (IGMH)  in June 2009.

Three suspects were arrested in connection with allegations that he had been physically and sexually abused. These suspects included the victim’s mother, then 28; her boyfriend Mohamed Waheed, then 46 and from Male’; and a third man whose identity has not yet been revealed.

Addressing media at the time, Inspector Hamdhoon Rasheed, head of the police investigation unit, said initial test results revealed the baby had extensive injuries. The examination also revealed signs of sexual abuse.

Rasheed said the boy had suffered head and neck injuries, and was covered in scratches. The hospital reported the case to police after Waheed took the baby in for medical care.

Nooruzaadha has a long history of criminal activity, according to both police and the prosecutor general’s office.

She was arrested twice in 2002, once for sexual misconduct and the second time for prostitution, said Deputy Prosecutor General Hussein Shameem.

She was sentenced to eight months house arrest for the first offence, which she breached, and six months imprisonment for the second.

The same year, she was put under house arrest for disobedience of order, which she violated and was fined Rf150 (US$12). In 2006, she was arrested on the same charge and was ordered to spend two months in jail.

In 2004, Nooruzaadha was handed a six-year sentence for possession of drugs and in 2005 and 2007, she was given two 12-year sentences on each occasion for drug possession.

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Eliminating gender inequality essential for development, says President

Eliminating gender inequalities is essential for the nation to benefit from women’s contribution to economic development and progress, President Mohamed Nasheed said in his weekly radio address on Friday.

Speaking on the ‘International Day for the Elimination of Violence against Women,’ Nasheed expressed gratitude and encouragement for the campaign against domestic violence launched by a gender advocacy working group under the slogan ‘Thinakun Ekeh’ (one in three).

The slogan refers to the findings of a Ministry of Gender and Family study in 2007, the first comprehensive nationwide survey of domestic violence in the Maldives, which revealed that one in every three women between the ages of 15-49 has been a victim of domestic violence.

“Although it is believed that the status of women in our society is better in comparison to other SAARC nations, active participation of women in important sectors in the country is comparatively low,” Nasheed observed. “For example, while 24 percent of women are unemployed in the Maldives, that figure is eight percent in Sri Lanka. Out of all SAARC countries, the Maldives is at the bottom in this respect.”

While women make up 28 percent of the Afghanistan parliament, Nasheed noted that women represented just seven percent, or five out of 77 MPs, in the Maldivian parliament.

“The most important facility for a country’s development is its people,” he said. “And since women are half of the population in any country, for a certainty their full participation will speed up the pace of development.”

The President noted that legislation on domestic violence was submitted to parliament in October 2010 and sent to committee in November, urging MPs to “pass the bill as soon as possible.”

Compassion and care from others is important to give women the courage to “surmount obstacles and escape the different forms of violence they face,” said Nasheed, recognising the activities of NGOs and women’s rights advocates.

Meanwhile, the Thinakun Ekeh gender advocacy group organised events on Friday in collaboration with the United Nations Population Fund (UNFPA) to launch a 16-day campaign against domestic violence with programmes to disseminate information of its incidence and raise public awareness.

The gender advocacy group was formed on September 29, 2011 with UNFPA assistance to “work with strategic partners in civil society, media, parliamentarians and religious institutions to pave ways for women and men to work together to find lasting solutions to the society’s most serious social, economic and political problems.”

An information session took place at the artificial beach late Friday afternoon after a run round Male’. Participants included Prosecutor General Ahmed Muiz, philanthropist Mohamed Waheed Deen, former Foreign Minister Dr Ahmed Shaheed, former Gender Minister Aneesa Ahmed and members of civil society organisations.

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Man who assaulted wife sentenced to six months

The Criminal Court has sentenced a man to six month imprisonment after he brutally assaulted his wife.

The Court identified him as Ahmed Visham of Gulhi in Kaafu Atoll, and his wife as Maryam Nashidha. Visham has denied the charges in court saying that the bruises and injuries on his wife’s body occurred after she “fell off the bed”.

The Criminal Court said that although Visham had denied the charges in court, his sister Maryam Nazna told the court that she woke up at midnight to the sound of Visham attacking Nashidha.

Nazna heard Nashidha crying and she also started crying, and the others in the house woke up to the sound of Nazna’s cry.

Nazna told the court that she heard Nashidha crying ‘’Help mother, father,’’ and later Visham was seen carrying his wife Naashidha out of the room.

The court said that Naashidha’s face was bleeding when she was brought out of the room, and the documents and pictures presented to the court showed that she had suffered major injuries.

The court said that Naashidha received medical treatment for the injuries she suffered and that there was enough evidence to believe that the injuries were caused by a willful attack inflicted on her by a person.

Visham was sentenced under article 126 of the penal code. The court said that it was the second time Visham had been found guilty of such a crime.

According to the Penal Code, any person found guilty of assault shall be sentenced to six months imprisonment, banishment, or house arrest, or shall be fined for an amount that should not exceed Rf 200 (US$13).

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Comment: Skeletons in the closet

As darkness fell over the cramped city of Male’ on the eve of January 3 this year, a woman’s body was found in a suitcase dumped in a construction site. She was 30 years old.

A few days later, her boyfriend was charged for her murder.

On June 22, a little boy lost both his parents. His father was stabbed with a knife and died in a hospital. His mother gave herself up to the police for the brutal offense.

At the age of 21, she now sits in a cell, her dreams crushed and her hopes dead. The prospect of spending her long life in prison would torment her. Perhaps a more agonising pain for her is the fear of facing what her son might think of her when he grows up. Her fateful act was the tragic climax in her struggle to leave a disruptive relationship that was a daunting trap for her.

The pain and suffering these two women endured represent the lives of many others in the Maldives. They include women, children, girls and boys, aged parents and also men. They are the victims of domestic violence – a social reality locked up as a family secret and never discussed by lawmakers in the country until Monday.

Rozaina Adam, MP, young and educated, explained what she meant by domestic violence as she presented her bill to the heavily lopsided parliament – with 72 men and only five women as its members.

“Domestic violence is the violence or acts of violence that occur between married couples or between divorced couples or between family members or between members in a household”, she said. “It may be someone inflicting violence on his/her wedded partner, it may be a guardian inflicting violence on a child or someone inflicting violence on his/her elderly parents… like any other society in the world, it’s a reality in our society too.”

Her definition outlined the space where domestic violence occurs. She also brought the relationships between the victims and offenders of these horrendous actions into public focus.

A home is meant to be a safe and happy place for everyone. In Maldives, like many traditional societies, people grow up and spend their entire lives surrounded with family, relatives and neighbors. It is however, a place of indescribable horror for the victims of domestic violence.

The victims live their lives in constant pain and fear, insecurities and uncertainties, distrust and breakups. The gruesome realities they face make them strong enough to bear the pain but often,  too weak to get out of it or end it.

Home is a boundary known to them, no matter how gross it is. Sometimes, leaving home means crossing over to uncertainty and face a greater fear of the unknown. They absorb the worst atrocities in their homes, imposed on them by their supposedly loved ones. In effect they hide their woes silently behind a smile or a deadpan mask, until life is forced out of them or it dies within on them, like it did for these two women.

Research, media reports and official records indicate a staggering level of domestic violence in the Maldives.

A study in 2007 showed, one in every three women aged 15-49 experienced physical or sexual violence at some point in their lives.

According to an official source, 620 cases of abuse were reported to them from August 2005 to 2009. They include 200 cases on sexual abuse, 150 cases on physical abuse, 50 cases of rape and 50 cases on neglect and more. The number of cases reported to them on average stands at 145 per year since 2006.

On Sunday evening, the Deputy Minister of Health and Family, Ms Mariya Ali informed that the number of reported cases on domestic violence now stands at 100.

These statistics reveal a shocking truth, considering the clandestine nature of domestic violence, the stark absence of relevant legislation and the lack of necessary support for victims. It confirms the high prevalence of domestic violence in our small Muslim society and the urgent need to address it through law.

Since July this year, the local media has reported 9 incidents of rape including two cases of gang rape in the past week alone. Health officials warn that the incidence of rape could be much higher as rape is far more common among married couples.

Meanwhile, the political and social space in Maldives continues to get filled by a religious narrative that reinforces women as sexual objects. For instance, a question and answer posted on the website of Ministry of Islamic Affairs dominated by a religious pressure group called the Adhalaath Party reads:

“It has become very common for a woman to tell her husband ‘I do not want to sleep with you’, ‘I won’t do as you say’, ‘I will live my life the way I want’. What does Islam say about such women?”

The answer was provided by Sheikh Usman Abdulla – a renowned and respected Islamic scholar.

It says: “the main purpose of being married is to fulfill your sexual needs. In reality, the woman cannot say that. She has to obey her husband. Islam says if your husband wants you, you have to go (to him) even if you are cooking (in the kitchen). While this is how it is (in Islam), what the woman said is not acceptable in Islam.”

The impact of such narrative on women and children should not be under-estimated – especially in view of the general profile of the victims and the offenders. According to the reports on abuse, 9 out of every 10 victims were females and nearly 6 out of every 10 victims were below 18 years. It also revealed 8 out of every 10 offenders is a friend or a family member of the victim. And in 5 out of every 10 cases, the offender is the victim’s boyfriend or husband.

The horrific reality reflected by the records of abuse emphasizes the dire need for legislators to get their act together and treat domestic violence as a nonpartisan issue. It requires unequivocal support for the proposed bill by all parliamentarians. No one desires a repeat of the violent actions that unfurled at the beginning of this year.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: ‘geveshi aniyaa ge’ bill lifts social taboo on domestic violence

In Mauritania in North Africa, force-feeding young girls is a cultural practice under the socially-held belief that fat women are beautiful, desirable and a valuable asset, increasing the social status of the whole family.

Girls as young as five are forced to eat to gain weight, by means that can only be described as torture. Some die in the process.

In Mauritania, this cultural ‘norm’ is practiced openly and is accepted as the way they do things. In the Maldives too, we have cultural ‘norms’ which are accepted as the way we do things.

Ignoring and hiding physical and sexual abuse of women and children within the family has been the way we had handled this social problem in the past. The issue of violence within the home or domestic violence, has been a taboo subject so hidden that it did not even have a name, until now.

Today, we can actually call it something : geveshi aniyaa.

The Domestic Violence Bill submitted to the Peoples’ Majlis today by MP Rozaina Adam has a Dhivehi name, the Geveshi Aniyaa ge Bill, which formally lifts the final taboo against domestic violence, complete with a reference for everyone to use.

Now we know what it is, in name and deed. Now we can talk about it freely and be heard.

At least we think so.

Addressing social taboos can be difficult in any society, regardless of the human cost. Resistance to addressing domestic violence has been observed for many years in the Maldives.

On March 8 2002, the Minister of Women’s Affairs and Social Security addressed the occasion of the International Women’s Day, where she said :

“If we want to make our environment safe, free and conducive for all individuals, we have to start openly talking about the actions of perpetrators of violence… Issues of violence must be viewed as societal concerns rather than a private issue, and it must be seen as the responsibility of all to work towards eliminating violence from our society.”

Then, of course, we did not have a word for the issue. Nor were we ‘all’ prepared to take responsibility for it.
It was the way we did things.

But much has happened since then.

Supported by various UN agencies in the Maldives, the issue of domestic violence kept being looked into by those who were concerned about the issue.

Several studies were conducted and some of the findings were so disturbing that these were never made public. How can people ill-prepared to talk about something, face up to the reality of it?

However, several dedicated people kept chipping at the thick wall of the social taboo of domestic violence and we can say that today, the wall has finally fallen, thanks to all those who persevered.

In 2007, a major piece of research was conducted by the then Ministry of Gender and Family, entitled The Maldives Study on Women’s Health and Life Experiences.

This study revealed that one in three women between the age of 15-49 had experienced physical and/or sexual violence, including childhood sexual abuse at some point in their lives. The study also revealed that one in five women in the same age group, had reported experiencing violence from an intimate partner. These findings showed the extent of the problem of violence within Maldivian homes.

The representatives of the Maldivian people in the People’s Majlis today referred to the Geveshi Aniyaa ge Bill, and repeatedly reminded those listening that geveshi aniyaa exists in the Maldives, that it must not stay hidden, that it is a problem that has to be addressed through the law.

This historic bill is the first of its kind in the country. It brings a ray of hope of justice to the many women and families affected by domestic violence in this country.

When it comes to domestic violence, the way we do things has to change. It is no longer acceptable to hide this social ill.

Today’s bill promises to be the first step to protecting and providing justice for a large number of Maldivian women and children.

Today the representatives of the Maldivian people will vote to accept this bill to the Majlis and send it for approval by a special committee. As we watch the process unfold, we must not forget that the people who will most benefit from this bill are those least able to fight for the protection and justice this bill can potentially provide them.

For this reason, every voting member of the Majlis has a responsibility to support this important piece of legislation to secure justice that a large number of women and children of this country have long awaited.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Comment: She finally killed him

She finally killed him.

Which means she will face a life sentence in prison. Which also means her little son will be orphaned in a sense. Much worse, he will grow up in the arms of a woman who is very likely to hate the offspring of her own son’s murderer. What will become of the child in a few years time? What led her to stab the man to death?

Possible cause?

Family and friends confirm that Hassan Shahid (the deceased) used to be married to Mariyam Nazaha (the accused) and had continued harassment and violence against her even after the couple separated. Nazaha was reportedly harassed and threatened over the phone, in her house, and severely beaten in her home and place of work in the presence of several witnesses.

Steps taken by the victim to stop the violence?

Nazaha filed several reports of harassment and violence by Shahid with the Maldives Police Service.

Result: Nothing. Not a single witness was called for investigation.

Nazaha also filed a case of violence by Shahid, at the Gender Department at the Ministry of Health and Family.

Result: Nothing happened.

What could have been done?

The Maldives Police Service could have carried out a thorough investigation, and forwarded their findings to the Prosecutor General for prosecution, which would likely have resulted in the Criminal Court removing this violent man from society.

The Gender Department could have moved their backs rather than sit on the complaint, and at least worked towards a restraining order so that a violent man did not have the opportunity to bother his ex-wife and also did not have access to a young child.

The State and the System missed several opportunities to protect both the deceased and the accused and prevent this sad outcome.

Conclusion?

The State has failed miserably in this instance. Domestic violence, child abuse and violence in general is rampant on every island, and it seems that the State simply has more important issues to handle.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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DRP drafting bill on domestic violence

The Dhivehi Rayyithunge Party (DRP) is drafting a bill on domestic violence, hoping to create more comprehensive legislation for victims and perpetrators of violence in the home.

DRP MP Rozaina Adams said the bill would encompass legislation on both physical and sexual violence against women and children.

She said most people are not willing to talk about these issues, and “women are not sure they can get help through the system, so they stay quiet.”

The bill also aims to improve how people who report these cases are dealt with, and to give more security and assistance to anyone affected by domestic violence.

Rozaina said Independent MP for Kulhudhuffushi-South Mohamed Nasheed was assisting the DRP in drafting the bill.

“He was going to present the bill himself, but because we have a women’s wing he said he would help us,” Rozaina added.

She said they are working to see if they can present the bill at the next parliamentary session.

DRP Spokesperson Ibrahim Shareef said the bill was being drafted on a previous model. “There was a legislative framework considered by the previous government,” he said.

He explained the bill was being drafted to ensure “the protection of women and children according to international standards.”

He said the DRP “will forward it to the Majlis in due time.”

In early March this year, former president and former leader of the DRP, Maumoon Abdul Gayoom,  expressed his concerns over “false information” being spread by the Islamic Ministry on women’s rights according to Islam.

He said he provided rights for women under his government, especially by giving them equal opportunity in politics, and criticised the current government for not making legislation to minimise violence against women.

Gayoom’s daughter and leader of the DRP’s Women’s Wing, Dhunya Maumoon, announced the drafting of the bill.

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