The Human Rights Commission of the Maldives (HRCM) has expressed concern over growing gang violence in the wake of the stabbing murder of a 17 year-old last Friday, describing the surge in violence as an obstacle to people “obtaining the freedom and rights guaranteed them in the Constitution.”
“We are very concerned that murder with sharp objects, gang wars and other crimes are now being conducted publicly,’’ HRCM said in a statement.
“It is with regret that we note that it has reached a situation where it is difficult for the people to live a normal life, and has become an obstacle for people to obtain the freedom and rights guaranteed by the Constitution.”
The commission claimed that the issue caused trouble for institutions of the state and obstructed the duties of those institutions.
“The commission has recently expressed concern over the issue and repeatedly called on the concerned authorities to pave way for a peaceful society for eternity,’’ the Commission said. “We note that the release of people charged with perilous crimes such as murder has caused them to repeat the crimes and that the agencies responsible for implementation of sentences are not taking necessary measurements.’’
The commission called on the Home Ministry and the Department of Penitentiary and Rehabilitation Services (DPRS) to fulfill its duties and take action quickly.
“We call on the parliament to expedite necessary bills such as the bill on the penal code, the criminal procedure bill, the evidence bill, parole bill and the bill on prohibiting threatening and using sharp objects and dangerous weapons,’’ HRCM said.
“We also appeal everyone to conduct all actions bound by the laws and in accordance with Islamic principles and democracy.’’
Recent gang violence reported
Last Saturday, a 17 year-old boy was stabbed in the leg and died after more than eight hours of treatment at Indira Gandi Memorial Hospital IGMH, according to a person familiar with the matter. A total of six men were stabbed during over the weekend.
On May 3, two men on a motorbike stabbed a 16 year old child in front of two police officers on Ameenee Magu near Imadudeen School, before fleeing.
On May 10, NGOs held discussion meeting on the new drug bill, aimed at reducing the number of drug addicts and gang violence in the Maldives.
On May 31, daily newspaper Haveeru reported simultaneous outbursts of violence near Athama Palace and Maafaanu Stadium on May 29, while another third victim was stabbed outside Galolhu police station the following day.
A 14 year old boy was also stabbed eight times on May 28, the newspaper reported, after he was reportedly mistaken by a gang for somebody else.
On June 1, a squad of masked police officers during a special operation destroyed the outer wall of Galolhu Masodige, a house police believed was being used by gangs to gather and hide weapons.
On June 16, a group of more than 10 men beat and stabbed a 19 year old man in Male’ in front of many witnesses, as he was walking down a street in Mahchangolhi, Male’.
On June 20, a 16 year-old boy was stabbed by a group of four men. The men rode up on motorbikes as the victim was near Fen building on Ameenee Magu, a person familiar with the victim told Minivan News.
Parliamentary Speaker Abdulla Shahid this morning cancelled parliamentary sittings until the government releases MP Abdulla Yameen from MNDF “protection” on ‘Aarah’, the presidential retreat.
The Human Rights Commission of the Maldives (HRCM) has meanwhile issued a statement calling on the government to release Yameen from his ‘protection’ at Aarah.
“On July 15 the Maldives National Defense Force (MNDF) arrested Abdulla Yameen Abdul Gayoom, and since then it has been five days and he has not been presented to court,” HRCM said in a statement.
“He is held in custody against article number 49 of the constitution,” the commission claimed.
“Although he was isolated for his own protection, violating article 49 is unconstitutional, and therefore the HRCM calls on the government to follow the constitution and release Yameen immediately.”
The statement cited article number 48(D), which states that any person arrested should be brought before a judge to determine the validity of the detention period, and claimed that defence forces did not follow the article.
“We note that the defence forces have not attended the criminal court and have ignored the court’s order to summon Yameen to court,” the statement added.
The MNDF told parliament in a letter read out in yesterday Yameen was not being held pending criminal investigation, but for his own “protection” based on “secret” information received on July 15.
In its statement, HRCM claimed that “as the Maldives is a country which has a infant democracy, the people of the Maldives and the government should uphold the constitution and democratic principles.”
The commission said that to ensure people’s confidence in a democratic system of government, it was important to establish a culture that respected human rights, justice, and equality in Maldivian society.
The MNDF maintains Yameen was taken to the Presidential retreat for his own protection and on his request.
However in a phone call with Minivan News, Yameen, who is accused by the government of corruption and treason, claimed the MNDF took him to the retreat forcibly in an attempt to cool the situation in Male’.
The Human Rights Commission of Maldives (HRCM) expressed concern with the recent political unrest and turmoil in the capital, condemning the damage to private property and physical harm caused to police officers and civilians during clashes that took place on the night of July 14.
A press statement issued by the commission yesterday notes “regrettably” that irresponsible rhetoric that creates hostility and strife among the public was undermining the rights and freedoms enshrined in the constitution as well as threatening social stability and public safety.
“And since such actions on the part of either political parties or responsible persons that encourage unrest and inhumane acts hamper the rights of citizens under a democratic system of governance, the commission calls on all parties to restrain from such acts and conduct political activities responsibly,” it reads.
The HRCM further calls upon the government to strengthen its efforts to protect an individual’s right to life, liberty and security of person as well as the right to privacy and the right to protect one’s reputation and good name.
The commission urged the government not to make arrests outside the bounds of the law.
The Human Rights Commission of the Maldives (HRCM) has expressed concern that the media has been publishing “personal telephone calls” and “other types of private conversation” between people.
HRCM issued a press release noting that article 24 of the constitution says that ‘everyone has the right to respect for his private and family life, his home and his private communications, and that every person must respect these rights with respect to others.’
‘’We have noted that this causes people to hesitate before conducting private conversation,’’ said the statement.
“[Furthermore] article 52 of the constitution says that no evidence shall be obtained by unlawful means.’’
The statement said that under article 18 of the constitution it was the responsibility of the state to protect the rights and freedom of the people.
“All the medias should provide information in a manner that will not disrupt the humanitarian sanctity and honor of any person,’’ the commission said. “We call on the media to use the freedom of press according to the laws with responsibility.’’
Recently telephone conversations believed to be voice of MPs discussing the sale of votes for political influence were promulgated through the local media.
A report by the Human Rights Commission of the Maldives (HRCM) into Lale Youth International School on Hulhumale has recommended that the Education Ministry terminate its contract with Maldives-registered company Biz Atoll Pvt Ltd to manage Lale Youth International School, “and hand over management as soon as possible to a qualified party.
The Commission’s investigation had found that students had been “physically and psychologically abused, discriminated against and bullied,” the report stated, recommending “that police should investigate the physical and psychological abuse going on at the school as an urgent concern,” and “separate those suspected of physical abuse from the school’s students until the police investigation is concluded.”
The report also questioned the educational standards of the private school, observing that despite the “high fees” charged for students to attend, the school “has no laboratory for students preparing for the IGCSE” in 2011, the library “does not have books that students need”, and most of the Turkish teachers “do not know English and are therefore unable to teach.”
The government-run Fareediyya School was handed to Biz Atoll and a group of philanthropic Turkish businessmen in 2008, under an agreement made between Biz Atoll and the Education Ministry during the former administration.
In May this year, Minivan News reported concerns raised by parents and staff that the school was being used as ‘a front’ for other activities, highlighting anomalies such as ‘phantom’ foreign teachers who were being paid but had never reported to work, students being charged an assortment of fees arbitrarily, teachers with missing or fraudulent qualifications, and significant pay discrepancies between Turkish and other foreign staff.
Shortly after the Minivan News report was published, (now former) Principal of Lale Serkan Akar attempted to leave the country, leading to the confiscation of his passport. On a second attempt to leave he was taken into police custody and is currently in the criminal court facing assault charges for allegedly strangling and whipping a child with a belt, charges he has denied.
Since the story was published, Minivan News has learned that website has been blocked the school’s web filter.
The HRCM report also recommended that the school move to “dismiss employees with criminal records” and amend the school’s child protection policy to ensure that “inappropriate persons” did not work with students, and amend employment contracts “to allow adequate disciplinary action” against those suspected of physical abuse.
HRCM further recommended that Biz Atoll immediately submit the credentials of foreign teachers to the Maldives Qualification Authority (MQA) for approval, and stipulate that foreign teachers present certification of English qualification such as IELTS or TOEFL – and dismiss those teachers who did not meet the criteria listed in regulations governing private schools.
HRCM also suggested that the school establish a laboratory and library as required in its agreement with the Education Ministry, and hire a full-time librarian. It should also “immediately cease the practice of giving the same examination paper to students until they pass” and “stop charging additional fees other than those set by the Ministry” while ensuring that those fees “are commensurate to the quality of education offered.”
The HRCM report also raised concerns about the school’s adherence to employment practices in the Maldives, noting “allegations of discrimination and mistreatment of Asian and Maldivian staff”. It recommended the school establish both a school board, as required by law, and a mechanism for teachers to resolve employment issues.
HRCM also recommended the school formulate a pay scheme in accordance with employment laws “to eliminate discrimination and ensure fairness and transparency”, as well as “reimburse employees if a deposit has been subtracted from their salaries to allow them to keep their passports.”
Furthermore, the Education Ministry should formulate regulations governing international schools “to ensure supervision and monitoring by the ministry as a regulatory body”, and “establish guidelines to conduct follow-ups to supervision reports.”
“As the school was not handed over to the proprietor in a transparent manner and because the Education Ministry has not undertaken adequate efforts to improve matters at the school, and since corruption has been noted, these cases should be investigated,” HRCM’s report concluded.
HRCM has recommended the government repossess Lale School from Biz Atoll
Response
Managing Director of Biz Atoll, Abdulla Jameel, said the company had read the report “and are reviewing the necessary actions we have to take.”
“We will bring changes to the school,” he promised, noting that a new principal would be starting “quite soon”.
The arrangement with the Turkish funders of the school would “definitely” continue, he noted.
Regarding HRCM’s recommendation that the school be repossessed from Biz Atoll and given to “a qualified party”, Jameel said the decision was “up to the government”.
“I respect the professional work of HRCM, but at the same time I’m disappointed it has mentioned nothing positive about the school,” he said, noting its reputation for “academic excellence.”
“Given the opportunity, we will continue to manage the school and try our best to make it the number one school in the Maldives.”
Jameel would not comment on the child abuse case pending against the former principal Akar.
Deputy Minister of Education Dr Abdullah Nazeer said the Education Ministry “received the report on Thursday” and was now seeking legal advice from the Attorney General’s office concerning the repossession of the school.
“We don’t agree with all the findings [in the HRCM report] – there are certain issues we need to refute from the ministry’s side, and we have communicated this in writing,” he said. “It was very unfortunate the report was not amended [before it was released].”
“The word used repeatedly to describe the Education Ministry is ‘irresponsible’,” he said, “[but] we were the ones who first contacted police, and based on that HRCM investigated the school.”
Police had yet to find evidence to support any allegations of abuse, he claimed.
The report was critical of the ministry’s decision to review the contract with Biz Atoll during the investigation, Dr Nazeer noted.
“We added amendements to the earlier contract (requesting a new principal in three months and including a termination clause),” he explained.
There were only “very general written regulations” governing the ministry’s role in supervising privately-owned and operated schools, he noted. “The regulations do not specifically say the government should intervene,” he said.
The Education Ministry was already seeking to resolve the employment issues at the school Dr Nazeer said, and had sent a letter to Biz Atoll on the subject
“We also had a complaint from a parent that the former Principal [Serkan Akar] was still accessing the school grounds,” he said. “We also wrote a letter to Biz Atoll saying it was not appropriate for a person currently involved in a court case concerning child abuse to be accessing the school.”
Dr Nazeer also noted that a delegation of officials from the Turkish government and the business community, had arrived in the Maldives and was currently meeting members of parliament to discuss the matter together with the the Turkish Consular General in Male’.
“I can’t comment on the delegation as I am yet to have a meeting with them,” Dr Nazeer said. “I don’t know what they will discuss.”
“As far as we are concerned, we are waiting for the Attorney General’s office to determine the gravity of the findings in the report, and if they agree, provide advice for terminating the contract.”
Download the full HRCM investigation report (Dhivehi)
The Human Rights Commission of the Maldives (HRCM) has said it has held meetings with the political parties, parliament, the government and the judiciary on human rights.
HRCM in a press statement said that the commission discussed on the challenges that are faced to establish a democratic environment in the Maldives, how to uphold the rights guranteed in the constitution and how to make everyone responsible on upholding the rights.
HRCM will hold a meeting with press and all the participants at 10:00am on Thursday.
President of HRCM Ahmed Saleem said the intention of the meeting was to try and get the government, opposition and parliament working together on human rights.
Foreign Minister, Dr Ahmed Shaheed, has filed a case at the police regarding leaked documents concerning the Guantánamo Bay detainees issue, reports Miadhu.
Dhivehi Rayyithunge Party (DRP) MP Ahmed Nihan told Minivan News last week “some papers between the President’s Office and some ministries were leaked.” State Minister of Foreign Affairs, Ahmed Naseem, confirmed documents between his ministry and the President’s Office had been leaked.
The documents include a copy of a letter from the Foreign Ministry to the Attorney General, seeking advice on the legalities of the transfer. A note from the US Embassy outlining the legal framework of the transfer was also included.
Dr Shaheed said the documents were forged to some extend, according to Miadhu, making the public worry about the issue.
The Human Rights Commission of the Maldives (HRCM) has also asked the government to release accurate information on the issue.
The Maldives has secured a seat in the UN Human Rights Council, the first time the country has won a seat at a major UN body.
Lobbying for candidature began in March this year, when Minister of Foreign Affairs Dr Ahmed Shaheed spoke in front of an audience of world leaders at the 13th session of the United Nations Human Rights Council in Geneva.
At the time, Dr Shaheed told Minivan News the Maldives was running for candidature because of the country’s “own positive experience with the international human rights system,” and added, “we understand, through first-hand experience, [the council’s] value and its capacity to bring about change.”
Dr Shaheed then visited New York in April to seek further support from UN member states and had a special meeting with members of the Organisation of the Islamic Conference (OIC).
There were four available seats for Asia in the Human Rights Council and five candidates. The other four candidates were Malaysia, Thailand, Qatar and Iran.
How the seat was won
Iran recently withdrew its candidature, leaving the four seats open for all four remaining candidates to win a seat on the council. Dr Shaheed said Iran withdrew its candidacy “because they knew they would not be able to contest against the other countries.”
When hearing of the secured seat in the council, Dr Shaheed said, “as the smallest and poorest country in the race, there was a lot of speculation as to whether the Maldives would be able to stay in the race and compete against the more influential states, but in the end we were able to mount the most intensive campaign and perhaps the most credible candidature.”
Dr Shaheed said, “in March, I estimated we would lose. But we worked very hard and within two weeks it was made clear we would take one of the four [winning seats].”
Because of Iran’s withdrawal, all four remaining countries are guaranteed a seat in the council, although elections are still required to take place. A vote will be cast at the UN’s Headquarters in New York on 13 May, when the final results will be announced.
Dr Shaheed said he suspects not every country will get the necessary 51% of votes from UN member states that are required to attain candidacy, but since there is no more competition, the results will simply show the ranking. He believes the Maldives could even be number one.
The minister said he believed gaining a seat in the Human Rights Council would improve human rights within the country because it will give the Maldives greater access to resources and more UN systems which will help regulate and improve current laws and regulations in the country.
“There will be more opportunities to reinforce strength in the domestic agenda of human rights,” he said.
Dr Shaheed said the Human Rights Council is seen as “top players” in the international human rights arena, and a seat for the Maldives shows “we are seen as a country doing quite well regarding human rights.”
The Maldives will hold a seat in the council for three years, and the current mission in Geneva will be in charge of the work relating to the council.
Human Rights Commission of the Maldives
President of the Human Rights Commission of the Maldives (HRCM) Ahmed Saleem said he was “very delighted” the Maldives won the seat in the council, as it “reflects well on us, as well.”
He said although the HRCM “are not part of the government, the membership has been possible also partly because of the way the human rights commission has performed.”
Saleem said the membership “comes with a lot of responsibility” as they will now deal with “everything” concerning international human rights. He noted the Maldives will now be under “very close scrutiny, so we have to set an example for everybody else.”
He said the government works very closely with the commission, and “I have seen positive change. This is a very good opportunity for the government to realise [they have] to make necessary changes.”
Saleem noted the commission “does not criticise the government unnecessarily” but tries to help the government by pointing out the problems the country is facing concerning human rights. He said unless the government takes the HRCM’s recommendations seriously, “the international community is not going to look positively on the government.”
He is sure the Maldives’ membership in the council will improve human rights in the country, “because the government also will have to act very positively now, there has to be room for improvement in the way the government reacts to human rights issues.”
Saleem added he had “always been very positive about this commitment because it’s good for us. We can take advantage.”
Saleem said membership also meant the Maldives could run for presidency of the Human Rights Council as it’s the Asian group’s turn, “but I think it’s too early. We should be content in being a member of the Human Rights Council itself. It’s the first time we are there.”
He said if the Maldives performed well, they could think of running for presidency the next time they have the opportunity.
He claimed HRCM was “one of the best in South Asia”, as most other countries in the region except India “don’t have commissions that are credible.” But he noted the HRCM was not working at its full potential because it is not yet a full member of either the International Criminal Court (ICC) or the Asia Pacific Forum (APF).
“We want very badly to be full members of the ICC and APF,” Saleem said, “our work suffers because we’re not full members. Everybody knows we work much better than most other members that are full members…but there is nothing they can do.”
The reason the HRCM can’t become a full member of these organisations is directly related to freedom of religion, he claimed.
“The HRCM legislation states that all members be Muslim,” Saleem explained, and noted that international human rights bodies see this as a violation of human rights.
Saleem proposed it be changed to say “all members must be Maldivian” but not to specify they must be Muslim, as the country’s Constitution already states that all citizens must be Muslim. “That would fix everything,” he said.
He added the government and the Attorney General “are working on it. It’s no big deal.”
“HRCM should be able to work well, fully and effectively, but we are not able to work to our full capacity,” Saleem said. He noted membership in the Human Rights Council was “a very good opportunity” for the government to do something about the Maldives gaining full membership in the ICC and APF.
He said, overall, “I am very delighted. I hope things will change positively…and hopefully there will be marked improvements.”
The bill was widely based upon the Residential Tenancies Act (1987) of New South Wales, Australia, and proposes the creation of a tenancy deposit scheme, with deposits made at the start of a tenancy to be held by the government rather than individual landlords.
There would be a limit on how much the deposit could be and tenants would have the right to appeal if they believe they are not getting a fair rental price.
When he first presented the bill in 2009, Nasheed told Minivan News stricter housing regulations are necessary in a city as overcrowded as Malé, where demand for accommodation dramatically outstrips supply, leaving tenants vulnerable to unscrupulous landlords.
Even then, Nasheed admitted the bill was controversial and said he was unsure it would be passed as it was, but now that it has been accepted by the Majlis, Nasheed said he has “greater hope that a compromise will be reached between those who agree with it and those who don’t.”
“I basically looked at it from a consumer protection point of view,” he said. “So far [housing] has been regulated by ordinary terms of contract.”
Nasheed said he wanted to protect the rights of both the tenant and the landlord, and hopes the bill will help the market by leaving “less room for undue influence.”
The bill was accepted by 45 votes, “seven votes above majority,” Nasheed noted. It will now be sent to a committee before being sent back to Parliament for approval.
“I hope it will all be over in six months,” Nasheed added.
Demolishing a house in Malé
A holistic approach to the housing crisis
Minister for Housing, Transport and Environment, Mohamed Alsam, said the bill “has got rather ridiculous things in it. It’s very foolish to control the market.”
Aslam said the government was trying a more “holistic approach” to the housing crisis in Malé by “diverting demand elsewhere.”
“It’s a national development issue,” he said. “Other parts of the country aren’t attractive enough.”
Aslam said that is where the government’s decentralisation plan comes into play. “We have always seen the issue of housing as a broad development issue, not an isolated thing. If we leave Malé as it is, no law will regulate it.”
Although the minister did admit “certain elements of [the bill] are good,” he said “I don’t think I would go with it.”
Housing in Malé
With a growing population of over 100,000, Malé is among the most densely populated cities on the planet, and the housing crisis is only getting worse as more people migrate from other islands and demands grow, allowing rental prices to spike.
Due to the high demand and low supply for housing in Malé, many people who own land choose to rent it out for extra income, either by renting a part of their house or giving the land for the construction of apartment buildings.
A 2008 report by the Human Rights Commission of the Maldives (HRCM) found that 68 percent of families in Malé were living in accommodation that “qualifies as slums by UN definitions.”
Additionally, they found survey participants spent 85 percent of their income on rent and utilities in Malé and Vilingili. They also found some landlords were increasing rent “at will” and forcibly evicting tenants if they were unable to meet their ever-increasing demands.
Effects of overcrowded areas
There are many other issues with overpopulation besides money and rental control; health problems, psychological welfare and even sexual abuse have all been directly connected to living in overcrowded areas.
Dr Jorge Mario Luna, World Health Organization (WHO) representative to the Maldives, wrote: “Several social problems are also faced within the household including child abuse, psychological impact in growing up in areas of overcrowding, breakdown of many families due to the hardship faced by them stimulating a ripple effect of social disorder for the families, particularly the children caught in the situation.”
Buildings in Malé
Dr Luna added: “It is important to note that the major drivers, or social determinants, of health in urban settings are beyond the health sector, including physical infrastructure, access to social and health services, local governance, and the distribution of income and educational opportunities.”
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