Tag: HRCM

HRCM calls for government to provide permanent homes for tsunami victims urgently

The Human Rights Commission of the Maldives (HRCM) has expressed concern that Maldivian victims of 2004’s Indian Ocean tsunami have remained in temporary shelters ever since, calling on the government to urgently provide permanent housing for such people.

”It has caused the victims to face obstacles in gaining basic human rights and experience difficulties for a long period of time,” said the commission in a statement. ”The state should give high priority to provide shelter for the victims.”

The HRCM said that it met with people living in the temporary shelters, some of which it had learned were very old and in need of refurbishment. The commission claimed that some of the shelters did not have sewerage systems, meaning water supplies could have been polluted.

”Due to these reasons, these persons are at a disability from the right for education, the right for protection and safety and the right to establish family,” the HRCM said.

The commission added it had met with the country’s Centre for Disaster Management several times to discuss solutions for the complaints it had received.

”A naturally delicate country like the Maldives should always be well prepared for any disaster – natural or otherwise – that could potentially happen, and it is necessary for the Centre for Disaster Management to be ready to provide first aid urgently in case.”

The HRCM also said that there is also a potential risk of outbreaks of illness in the temporary shelters due to the living conditions.

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Comment: How does Islamic Sharia go against human rights?

On the November 6, 2010, Minivan News published in its Comments and Opinion column an article titled “HRCM and Islamic Sharia,” written by supposedly feminist local writer, Aishath Aniya.

The article is mainly about Aniya’s objection to a suggestion by the HRCM President who said: “Human rights protection can be successfully achieved adhering to the principles of Islam.”

As such, Aniya has made two daring statements.

In the fourth paragraph, she writes: “For a moment, I could not understand what she [HRCM President] was trying to say. Her words suggested that HRCM – the highest authority to safeguard human rights in the country has joined the religious narrative that poses a clear threat to human rights, social justice and economic sustainability of the country.

And, in the fifth paragraph, she continues: “I am quite assured that if HRCM engages within the confines of Islamic Sharia, as it is understood now, we could be a long way from protecting and sustaining human rights in the Maldives.”

I read the article repeatedly. And what I noticed was that other than making a bold— and perhaps, emotional—statement, Aniya could not prove her point.

I also noticed that Aniya may have not done sufficient research. Because when I read the last sentence of the 14th paragraph, I was convinced that she apparently does not know the difference between Sunnah (saying and living habits of Prophet Muhammad (PBUH) and Ijthihad (the process of making a legal decision by independent interpretation of the legal sources, the Quran and the Sunnah).

I understand Aniya’s objection to the adherence of Islamic Shariah. But she has failed to explicitly say where and how Islamic Sharia actually goes against human rights, social justice and the economic sustainability of a modern society.

Aniya has extensively quoted Abdullahi Ahmed An-Na’im, Professor of Law at Emory University School of Law. But it was mainly about the origin of Islamic Sharia, its sources and the developments during the early days.

She has not discussed which Acts of Islamic Sharia are inconsistent with the norm of a modern society, and how.

The two primary sources of Islamic Sharia are the Quran and Sunnah, something Aniya also has acknowledged by quoting An-Na’im. Does she hold a view that the Quran and Prophet’s teaching goes against humanity?

If the objection is to the “traditional interpretation” of Quran and Sunnah— thereby calling for modern interpretation, then who is more appropriate for the task. Should we rely on the view of a single scholar or should we respect the consent of the majority of the scholars?

Aniya is certainly impressed with An-Na‘im work. John L. Esposito, Professor of Religion and International Affairs at Georgetown University has the following interesting comment on An-Na’im’s book, Islam and Secular State: “Although An-Na‘im wishes to present his views from within the Islamic tradition, he also states early on that his arguments are not exegetical in nature and therefore do not aim to interpret traditional Islamic sources such as Qur’an, hadith, tafsir, or legal theory (usul al-fiqh).”

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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Public losing confidence in democracy because of parliament’s delays, says HRCM

The Human Rights Commission of the Maldives (HRCM) has said the delay caused by the deadlock in parliament is obstructing citizens obtaining the human rights promised them under the constitution.

HRCM said laws and rules are necessary elements for people to obtain their basic human rights, and other services the state should deliver the citizens.

“As it is the constitutional duty of the parliament to legislate, [this delay] causes the citizens to lack their rights and also causes a loss of confidence in democracy, and obstructs the establishment of the rule of law in the country,’’ HRCM said. “When the necessary laws are not passed, it becomes an obstacle for the state to fulfill tis the constitutional duty as stated under article 18, to protect and promote human rights.’’

HRCM noted that the Witnesses bill, Penal Code, Criminal Procedure Bill , Law on Taxation and National University Law were yet to be passed, as parliament entered its third week of inaction following clashes over the cabinet endorsement issue. Today’s parliament sitting was also canceled after the MPs clashed over the cabinet endorsement issue. The 10 day public holiday begins on Thursday.

HRCM called on parliamentarians and political parties to work in the best interest of the nation and its citizens.

The opposition and the ruling party have blamed each other for the cancellation of the parliament sittings, and each session is derailed on points of order.

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Comment: Can the Maldives institute a vibrant NGO sector?

In the Maldives, the NGO sector is lumped together as a whole by the developmental partners, government and other stakeholders. For convenience in the Maldives, the NGO sector seems to represent the civil society.

Whenever the civil society representation is called, you will see NGO sector members.

A weak civil society?

In a democratising country like Maldives, the civil society and the NGO sector should play a crucial role. Civil society is one of the pillars of democracy. Without a vibrant and strong civil society, democracy cannot be attained.

In the Maldives – unlike Bhutan – legislation allowed the formation of NGOs for centuries, apart from NGOs targeting human rights until a few years ago. Today, the Maldives has more than 1100 clubs and NGOs registered with the Ministry of Home Affairs under the clubs, associations and NGOs law.

It is problematic to categorise the NGOs that work for the development of the country. It also means that for the population of 300,000, we have an NGO for every 200 Maldivians. Out of the registered NGOs in the Maldives, only a few have office space with paid staff.

The oldest developmental national NGOs that are existence in Maldives are SHE and the Care Society.

Presently, the work of developmental NGOs visible in the Maldives are the Care Society, SHE, Maldives Democracy Network, Journey, Democracy House, Transparency Maldives, SWAD, JCI, Maldives NGO Federation.

There are other NGOs that are noticeable at periodic intervals like Madulu, Strength of Society and others.

The NGOs in the Maldives have informal and formal networks and work closely together, pooling resources on projects of common interest, producing policy papers and position papers. Some of the examples are the JUST campaign and the Domestic Violence Bill, to name a few recent combined team works by the NGO sector.

Expectations from NGO sector

There are high expectations from the developmental partners, government and other stakeholders, including the general public, for the NGO sector to play a central role in the democratisation process. For example for the upcoming local council elections, there is greater need for the NGO sector to prove and show neutrality, put the best interests of people first, monitor corruptions and act as watch dogs.

What’s thwarting this is again lack of resources. There is a greater need to educate the general public via media. The media agencies commit to return investments and only allocate a dose of space to corporate social responsibility. So this avenue is closed to NGOs. For every work NGOs does, [media] is paid.

Challenges

The major constraint for NGO development in the Maldives are funding limitations. There are no established mechanisms to secure funding or plan long term sustainability of NGOs.

The biggest national NGOs in the Maldives face similar constraints. These NGOs have office space borrowed from their family residences, and most NGOs are fortunate if they have a well-wisher who supports administrative costs and recurrent costs including office space. Other NGOs founders or staff have self-interest, so they work for minimal pay, most times as a volunteer.

The developmental partners always claim that NGOs in the Maldives lack capacity and do not have the skills to organise or implement projects. As a person who has worked in the NGO more than 20 years I think this is misleading as resource mobilisation can create a strong NGO sector.

How many NGOs in the Maldives have bought a laptop out of the project? Before suggesting this is ineffective planning, it is important to note that NGOs do not have means to buy a computer or even a laptop. Laptops are required to communicate with the outside world and for documentation purposes.

Or why do staff costs have to be incorporated into projects? Because it is essential to the survival of NGOs and sustain their work. Why are the travel costs included higher than other countries? Because that is the reality of high costs of living in the Maldives.

Why is that the consultancy fees for local consultants are unacceptable while large sums are paid to foreign consultants, including travel and lodging only to produce a plain report or technical input? Why is it that local consultants do not apply or are available? It is because of these discriminatory attitudes practiced by donors.

Most international donors scrutinise the sustainability of projects. If this is the case, why don’t they consider the requirement of the NGO sector through gigantic lenses for sustainability?

Maldives NGO law does not prohibit conducting business activities, however, several NGOs experienced difficulties in this aspect as the law is not enforced or institutionalised in various ministries. Several NGOs could not register vehicles in NGOs names or take loans. There are several NGOs moving towards the Social Corporation model though this is new thinking.

International funding for social development in partnership with NGOs

Underthe previous government, the majority of national strategic plans, including the UN country plans, identified partnerships with NGOs. It would be interesting to analyse the outcome of these partnerships over the last 10 years.

To give credit, there have been efforts by previous Government to strengthen the civil society but it has not shown any results. Similarly, the current government has also identified partnership with civil society which needs to be spelt out clearly and implemented.

The majority of funding in the past for the NGO sector has been secured through international sources, though some NGOs have secured one-time undersised funding locally. As there is no tax system or cooperate social responsibility policy, the NGO sector is struggling for survival.

Some NGOs are active, while others ended in death row, and a few stagnated for years.  As a developing and economically well-established country compared with other South Asian countries, and a smaller population, the NGO sector could not compete with other NGOs in the region. This is the reality of the 20th century as well.

Reinforce the NGO sector

The government, UN and other developmental partners should consider the NGO sector as developmental partners.

The NGO sector requires institutionalisation of good governance, capacity building, project implementation and financial support. It is unrealistic for the NGO sector to expect to conduct business, there has to be a mechanism established for the survival of NGOs.

Can the government, UN and other developmental partners trust the NGO sector to implement the projects? Can the US Embassy and other embassies, rather than implementing the projects, recruit the NGO sector to conduct programmes and projects by allocating a budget for implementation?

Can the Human Rights Commission, government and UN assign projects like training projects/components to the NGO sector?

The NGOs have networks and it would assist the capacity-building of island NGOs as well the national NGOs if this type of work is capitalised on them. The NGO sector has the capacity and ability if funding is allocated to conduct training in the areas of human rights, governance, decentralisation, child rights, women rights, people with disabilities, NGO training, and other such training. The government, UN and Human Rights Commission can play the monitoring role.

The NGO sector is requested to conduct programmes and projects at low cost and for free which barely covers the recurrent costs, administrative staff costs and project management costs. In the context that is contested above, can the NGO sector in the Maldives survive without an enabling environment?

The NGO sector requires adopting good governance models and being active watch dogs.

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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Three suspects arrested in Manik murder investigation

Police have arrested three individuals in connection with the alleged murder of oil businessman Hussain Mohamed Manik, who found dead inside an abandoned house on Hoarafushi in Haa Alifu Atoll yesterday.

Police Sub-Inspector Ahmed Shiyam said it was “too early in the investigation for police to release information”, however newspaper Haveeru published the names of those it claimed were the suspects and said they were Hoarafushi natives of 18-25 years of age.

Manik”s alleged murder has gripped the country and triggered uproar among the islanders, who have blamed the incident on gang attacks and set several huts on fire in retaliation.

Media reported yesterday that Manik’s hands were tied behind his back with rope, and that the body was lying on the ground in a prone position when discovered. An island official told Minivan News that there were no injuries on the outside the body.

President Mohamed Nasheed has meanwhile issued a statement of condolences to members of the bereaved family, while the Human Rights Commission of the Maldives (HRCM) has “strongly condemned the violation of the right to life”, and called on “concerned state institutions” to “take strong action against such inhuman activities.”

Islanders have reported that oil is unobtainable on Hoarafushi since Manik’s death.

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HRCM create human rights awareness in Nadella

The Human Rights Commission of the Maldives (HRCM) has been visiting the island of Nadella in Gaaf Dhaal Atoll to create awareness among the islanders of human rights issues, reports Miadhu.

At a two-day workshop held on the island in association with its Island Development Society, HRCM instructed local NGOs as well as youth and parents on human rights issues.

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HRCM conducts research trips on human rights

The Human Rights Commission of the Maldives (HRCM) has commenced trips to different islands seeking to determine the extent of human rights experienced by various people.

During this year the commission will visit the islands of Vaavu Atoll and Gnaviyani Atoll, and expects to complete Vaavu Atoll by the end of this month.

The Commission also it will meet with elderly people, teachers, students, expats and NGOs across the islands.

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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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Parliament’s CSC and HRCM appointments “capable and willing”: Zuhair

Parliament selected three of the eight names proposed by President Mohamed Nasheed for members of the Civil Service Commission (CSC) and Human Rights Commission of the Maldives (HRCM).

The three members appointed for HRCM were Maryam Azra Ahmed of Maafannu Hukuradhige, Jeehaan Mahmood of Dheyliyage in Hinnavaru of Lhaviyani Atoll and Ahmed Thalal of Henveiru Adduge. Former President of HRCM Ahmed Saleem was not approved by the parliament.

In the same session on Thursday, Parliament appointed five members for the CSC: Dr Mohamed Latheef of Mahchangolhi Kimbi, Mohamed Fahmy Hassan of Galolhu Kohgiri, Ahmed Hassan Didi of Galolhu New Waves, Abdulla Jinah and Khadheeja Adam of Galolhu Alafaruge.

Press Secretary for the President, Mohamed Zuhair, said that the government believed “all persons appointed are capable and willing persons.”

“The President proposed names to the parliament including the people who are already members of the commission,’’ said Zuhair. “Parliament researched the names and appointed names for the CSC and HRCM.’’

Both the CSC and HRCM were left in constitutional limbo last week after parliament failed to conduct the reappointments in time for the interim period deadline of August 7.

Prior to the appointment of commission members on Thursday, a source at HRCM said 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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