Tag: HRCM

HRCM report on persons with disabilities highlights gaps in equality

The Human Rights Commission of the Maldives (HRCM) in conjunction with the UNDP have this morning presented their report on the rights of persons with disabilities in the Maldives.

The report, Activities Addressing Rights of Persons with Disabilities, is a “baseline assessment” of the rights and challenges concerning disabled people in the Maldives, as well as a number of recommendations from the HRCM on how to improve the lives of those with physical or mental impediments.

The report shows that in 1981, when the first ever screening was conducted in the Maldives, there were 1,390 people with disabilities, or 0.9 percent of the population.

In the 2000 census, the number rose to 4,728 which comprised 1.75 percent of the population. In 2002, the figure had risen further to 3.4 percent, or 9,216 people.

The most recent census (a preliminary report by Handicap International in 2009) showed 8.1 percent of the population has either temporary or permanent disabilities, including 4.7 percent with severe permanent functional limitations.

The HRCM report states that “lack of standard definitions of disability and different survey methodologies do affect the number of persons screened as having disabilities.”

The Maldives signed the UN Convention on the Rights of Persons with Disabilities (CRPD) in 2007, but the Parliamentary approval needed to ratify the convention was only reached in January 2010.

Although rights for persons with disabilities are part of the Constitution, the proposed bill on protecting rights of persons with disabilities was sent back to Parliament by the president for reconsideration in January 2010.

According to the HRCM, the bill was sent back “because it was found crucial to amend the bill in line with the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).”

Education

The HRCM reported that approximately only one out of every ten children with disabilities is enrolled in school. This means 230 children out of 2,250 with disabilities in the entire country are attending school.

Jamaluddin School, Ghiyaasuddin School and Imaduddin School are currently the only schools in Malé which offer a full curriculum for children with disabilities. This began in 1985 when Jamaluddin School opened up enrolment for children with hearing disabilities.

There are currently eleven schools nation-wide which provide for children with disabilities.

The Ministry of Education had planned to set up “minimum one school in each atoll that enrols children with special needs by 2010” but the HRCM report says in most schools, “classes are accommodated with multi-handicapped children with a limited number of teachers.”

Training teachers to work with children with special needs is another major issue, as is creating an action plan for children with disabilities and improving special education policies.

The HRCM reported that “there is virtually no access to or transition to secondary level education for children with special needs.”

Health services

The HRCM has pointed out that “human resources and facilities required to address mental health is lacking.”

According to the report, there is no mental healthcare available in Malé; there are only two psychiatrists working in the country who deal mostly with drug rehabilitation.

There is also a lack of quality residential care. There were more than thirty-one persons with disabilities waiting for a place at the Home for People with Special Needs in Guraidhoo as of March 2010. In contrast, there were thirty-one other patients who had been discharged but not taken home.

The HRCM said “their families aren’t taking them home. Some have been there for over six years.”

There are currently 137 beds in six wards around the country. A seventh ward was built in 2009, but cannot start functioning until furniture can be brought in.

The government is also providing “approved essential psychotropic drugs free of charge to registered psychiatric patients.” Patients can send in a form to the Ministry of Health and Family to get approval for free medications, including anti-depressants and anti-psychotic drugs.

The government also provides assistive devices, such as wheelchairs, crutches, spectacles, hearing aids and special seats with children with cerebral palsy.

Employment and financial assistance

The HRCM states “the most obvious gap in services provided to persons with disabilities is lack of employment services.”

They note that there is no support from the government in helping disabled people find jobs, and 72 percent of working age men and 93 percent of working age women with disabilities were not in work as of 2008.

The HRCM believes one of the biggest challenges with employment is that many employers have low expectations about what persons with disabilities can and cannot do, thus excluding them from the workforce due to discrimination.

The HRCM stated that “although assistive devices are available from the government, there is limited information made available to persons with disabilities.”

The government currently provides a monthly allowance of Rf 1,500 (US$118) for legally blind persons through the Ministry of Finance and Treasury, but “there is no income assistance to persons with other forms of disabilities.”

Access to buildings and transport

The HRCM has recognised limited access to premises and on transport as one of the major service gaps for people with disabilities.

They note that “inaccessibility of the built environment is a major contributing factor that decreases the number of workplaces available to persons with disabilities,” and suggests that homes, hospitals, schools, mosques, government offices, courts and shops be “more accessible and user friendly.”

Although they note there is “evidence of genuine attempt to address this issue” in the Family and Children Service Centres, the National Building Code must be amended in order to eliminate obstacles to indoor and outdoor facilities.

“The roads, pavements, road signs and traffic lights are not designed to be friendly for persons with disabilities…it’s lamentable that wheelchair access is not possible even on ferry services between Malé and the airport.”

The HRCM suggests that improving roads and transport to be more accessible will not only help those with disabilities, but will also benefit the elderly, parents with prams, and people carrying groceries.

The HRCM made numerous recommendations in their report, including how to improve leadership and commitment from the government and community; teaching sign language to staff at the Ministry of Health and Family and the Maldives Police Service, among others; and improving access to information for people with disabilities on how their lives can be bettered through government policies.

NGOs

There are several NGOs working to improve the rights of disabled people in the Maldives, such as Hand in Hand, Association of Disability and Development, and Handicap International among others, but the Care Society is currently the only one who provides services and has been working with people with disabilities for eleven years.

Shidhatha Shareef from the Care Society said “clearly, we have a long way to go. Many services are still not available [for persons with disabilities].”

She said the NGOs are also facing many challenges and limitations, especially regarding staff training and public awareness.

The Care Society runs a school for children from zero to twenty-five years of age with disabilities. They are currently catering to 55 children and are trying to promote education services on other islands.

Shidhatha said one of the bigger problems with education concerning children with disabilities is that most schools only take children with very limited to moderate disabilities, and not those with more severe disabilities.

She said the best way the government can help improve the lives of persons with disabilities is by “prioritising the issue,” and added “we do hope the bill [on protecting rights of persons with disabilities] is ratified soon.”

Shidhatha said despite all the work being done to ensure the rights of persons with disabilities, such as signing the CRPD, “people with disabilities do not have equal rights.”

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HRCM condemns recent violence and political confrontations

The Human Rights Commission Maldives (HRCM) has condemned the recent riots and political confrontations, reports Miadhu.

In a press statement released today, the HRCM has said the recent conflicts erupting during political activities and confrontations between people of different opinions are causing great physical and mental harm to the people.

The HRCM has requested the people avoid violence and cooperate with police. They have also asked the police to continue their work in preventing and dispersing violent demonstrations, and to respect the laws and Constitution of the Maldives.

They stated that although the Constitution provides “right to freedom of peaceful assembly without prior permission of the State” as stipulated in Article 32, this is limited by the “regulation on freedom of assembly” which was drafted before the new Constitution came into force.

The HRCM also expressed concern over the violent acts that took place in Parliament on 23 March, and requested the Parliament resolve issues by discussion and not to disrupt the work which needs to be done in the Majlis.

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President of HRCM departs for Geneva

President of the Human Rights Commission Maldives (HRCM) Ahmed Saleem left for Geneva to take part in the 23rd session of the International Coordinating Committee (ICC) of National Institutions for the Promotion and Protection of Human Rights to be held in Geneva from 22-25 March, reports Miadhu.

There will be 169 participants in the conference, representing National Human Rights Institutions (NHRIs) from all around the world.

Issues concerning NHRIs will be discussed, including challenges and developments in the engagement with regional human rights mechanisms, challenges for NHRIs in monitoring international obligations, the role of NHRIs in the protection of gender/women and child related issues, developments on the UN Draft Declaration on Human Rights Education and Training, human rights and business, and HIV related issues.

There will also be regional meetings, recommendations from international human rights bodies and discussions on emerging developments in human rights.

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HRCM begins human rights program for teachers

The Human Rights Commission Maldives (HRCM) has begun a two day training program for Teacher Educators of College of Higher Education’s Faculty of Education.

The program will be held on 23-24 March and is aimed at promoting human rights awareness among teachers and in schools.

The inauguration of the program this morning was attended by State Minister for Education Dr Ahmed Ali Manik, who highlighted the importance of right to education.

The program is part of HRCM’s efforts to create a human rights culture in Maldivian schools, and it will focus on topics such as the importance of human rights education, gender equality in schools and creating a human rights friendly school environment.

Twenty-four teachers will participate in the program.

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Discrepancies in rape statistics highlighted in NGOs report

A coalition of NGOs have condemned the performance of the judiciary and the State for its treatment of criminal cases, especially those concerning rape.

Maldivian Detainee Network, Trasparency Maldives, Rights for All, Maldives Aid, Madulu, Democracy House, Maldives NGO Federation and Strength of Society issued a statement “condemning the increase in serious crime and the failure of the state and responsible authorities to convict those responsible for these crimes.”

The statement referred to statistics on crimes such as murder, child abuse, assault with sharp weapons, and threats to journalists and others in the media, comparing these with the number of crimes investigated by police, the number sent to the Prosecutor General’s office and the number tried in the Criminal Court.

The NGOs said the blame for the “failure to deliver justice” should not be placed on the new democratic system or human rights safeguards, “but rather [on] the unsatisfactory implementation of these systems and safeguards.”

They “note with great concern that there is not a single case of ‘rape’ in the statistics maintained by either the PG or the Criminal Court.”

Technical misunderstanding

Information provided by the Maldives Police Service (MPS) to Transparency Maldives states that in 2009 ten cases of rape were reported to police, eight of which were investigated and five sent to the Prosecutor General (PG)’s office.

Police Sub-Inspector Ahmed Shiyam said in the instance of these rape cases, the three that had been labelled as ‘finished’ by police but were not sent to the PG were still “being checked” by police before being sent to the PG’s office.

“Sometimes we check and update information,” Shiyam said, “and there could be other documents being collected.”

Information gathered by the coalition of NGOs from the Criminal Court show zero cases under ‘rape’ were prosecuted in 2008 and 2009.

But Senior Judge at the Criminal Court Abdulla Mohamed said the Criminal Court had processed six cases of rape during the year.

Deputy Prosecutor General Hussein Shameem said the discrepancy was “a misunderstanding of technical terms.”

“If consent is lacking, regardless of whether or not there was intercourse, the case would fall under sexual misconduct,” he said.

Shameem said when the PG’s office received cases from the police, they decided whether or not to prosecute it depending on the evidence.

He added that the statistics from the police might “not give a clear idea” of the number of cases, as the PG’s office might prosecute for a different offence.

“For example, if police investigate a case for rape, and within the document we find evidence for battery and assault, we would prosecute both charges.”

In the document provided by the Criminal Court, 37 cases falling under the category of “sexual misconduct” are shown as being received by the court.

Of those, nine were dismissed due to lack of evidence while fourteen were tried.

Aishath Velazinee from the Judicial Service Commission said the remaining fourteen cases did not appear asdismissed or tried because they were still being processed by the court.

She said that “because rape is not a crime under the current Penal Code” cases of rape would fall under the category of “sexual misconduct”.

“The existing Penal Code is not adequate,” she noted, adding that under the new Penal Code (which is still tabled in the Parliament) rape, including spousal rape, would be considered a crime under its own category.

Rising concerns, rising crime

The coalition of NGOs said “lack of communication between the [State] authorities” was one of the “main reasons behind the recent failure to convict criminals.”

They called upon the State to “comprehensively study and identify the causes for the recent rise in crime, in particular, identify why convicted criminals are able to offend repeatedly.”

The Human Rights Commission Maldives (HRCM) has also recently condemned the rise in crime.

In their 2009 annual report released on 9 March 2010, they claimed the crime rates in the country had risen, and communities in the Maldives have reached a state of fear, mainly because of “failure to enforce sentences for convicts.”

The United States 2009 annual country reports on human rights, published on 11 March 2010, also expressed concern for increased violence against women in the Maldives and lack of convictions by the judiciary.

The report cited that “In 2008 the Ministry of Gender and Family released data showing an increase in the reported cases of violence against women, although NGOs believed that most cases remained unreported.”

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President condemns attacks on media

President Mohamed Nasheed has condemned the attacks against the media following attacks on DhiTV and Haveeru on 15 March.

The president said the government would not tolerate “threats or actions against freedom of the press”.

“The Maldivian media is free and open now,” Nasheed said, adding that the Maldivian government “will always support the efforts of the journalists to keep this freedom alive and will value their efforts.”

He urged the public to cooperate with police in identifying the suspects.

The Maldivian Democratic Party (MDP) meanwhile called on the police to “seriously investigate” death threats made against journalists by extremist bloggers.

Concerns from the media

Independent MP and former Minister of Information, Mohamed Nasheed, said the issue was one of “political punching. People in the government are accusing opposition media and people in the opposition media are accusing the government.”

He said the media has always been divided into two camps, and sometimes looking at the same editorial content from different news agencies “you feel as if two different stories are coming out.”

“Political activists, the religious quarter and violent criminals” are against the media, he said, explaining that the struggle for press freedom was a “tug of war.”

“This is where the temperature needs to be brought down. We need to stop politicising the media and work with them.”

He added that “a democracy cannot see the media as a friend”, but should instead treat it as a medium to dialogue.

Managing Director of Miadhu, Abdullah Lateef, said “so far the government has not been able to give the media enough protection” from violent attacks.

He claimed the former government “used gangsters,” who “still don’t understand this is not Gayoom’s regime.”

“These gangsters don’t value the media,” Lateef said. “They think they can do anything; they attack anyone.”

He said that because the government had not shown the public the value of the media and the work the media was doing, they did not value it: “Even when we go to a scene, it is a risk we are taking.”

Lateef said he had “personally received a lot of threats”, and claimed that “politicians will call and try to make us scared.”

But he noted that “this government has done a lot for us, like giving us the freedom to write without being arrested. I am not afraid of my death – the former government gave me enough threats so I don’t mind.”

Public Concern

The Human Rights Commission Maldives (HRCM) has also “strongly condemned” the attacks on media.

A statement from the HRCM said the organisation “was sad that people are instigating fear among journalists at a time when Maldivian media is not very stable.”

HRCM said it believed the incidents had occurred because of the “judicial system’s reluctance to convict people. They are released into society and are not abiding by laws and regulations and respecting human rights.”

The statement notes that such cases of violence are “alarmingly increasing” and “the Commission is calling for the authorities to take legal action against the people who are releasing these criminals into society.”

“To stop these things from happening we are calling on stake-holders, government, authorities, media, civil society, NGOs and the public to work together.”

Meanwhile the Maldives Journalists’ Association (MJA) condemned threats made against journalists and bloggers and the “continuous attempts to intimidate press freedom by the extremists in the name of Islam.”

The MJA called on the government to take action against growing extremism and said it believed there would be a solution “if the president and all the institutions work to raise awareness.”

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US State Department critical of women’s rights in the Maldives

Human rights in the Maldives have “continued to improve from the previous year, although some issues remain” according to the 2009 Country Report on Human Rights Practices published by the United States’ Department of State.

The report, published on 11 March, describes a case reported last September by detainees at Maafushi jail to the Human Rights Commission Maldives (HRCM) where “members of the Emergency Support Group (ESG)… indiscriminately attacked detainees.”

President of HRCM Ahmed Saleem said they have “received less complaints than in the past” regarding abuse of detainees.

Under the heading of “Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment” the report reads “the law prohibits such practices, although there were reports of mistreatment of persons by security forces.”

Saleem said the Maldives had endured “a culture of torture” for many years, “but things have changed and are still changing.”

On the unequal treatment of women, the report cites that “In 2008 the Ministry of Gender and Family released data showing an increase in the reported cases of violence against women, although NGOs believed that most cases remained unreported.”

Saleem said “in this country women enjoy more rights than in other countries,” noting that “women have been voting here for as long as I can remember.”

Saleem added that the United States still hasn’t ratified the international Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

“Ninety-nine countries have signed it,” Saleem said, “but not the United States.”

The report also states that “Under [Maldivian] law, spousal rape is not a crime” and “There are no laws in force regarding domestic violence against women or workplace harassment, nor were there firm data on the extent of violence against women.”

Saleem responded to this by saying that “domestic violence is a crime anywhere” and reiterated that the “population of Maldives is unique” and women enjoy many rights that women in other countries do not have.

Another point of concern shown in the report was that of the judicial system releasing known pedophiles back into the communities of their victims.

The report reads “The [Judicial Service Commission] JSC did not publicise deliberations or make recommendations on the hiring, dismissal, or discipline of judges during the year.”

The report says that according to the Maldives Police Service (MPS) “from January to March, 34 cases of child sexual abuse were reported, and 23 pedophiles were arrested.”

It also stated that there was an increase in the reporting of child abuse cases, which the MPS attributed to growing public awareness.

Saleem said the HRCM “is not in favour of the government releasing any criminal unless they are fit to live in society” and have been through a rehabilitation programme.

He added that the HRCM is “sending reports” to change these practices and “things are happening. But it’s not as quick as we want it to be.”

The Department of State’s report further reads “The law does not provide for freedom of religion and significantly restricts it” but only cited one case suggesting that a lack of freedom of religion could be seen as a human rights issue in the Maldives.

The report said that as the Ministry of Islamic Affairs has sole authority to grant preaching licenses, they requested the police investigate an independent prayer group led by unlicensed preachers. This could be seen as an infringement on the group’s rights to Freedom of Peaceful Assembly and Association (section 2b of the report).

The Ministry of Islamic Affairs said the reason for the investigation was the threat of religious extremism.

The last major concern in the report was the rights of workers, mainly foreign labour workers.

According to the report, the HRCM had reported “some domestic workers, especially migrant female domestic workers, were in some cases trapped in circumstances bordering on forced labor in which employers used threats and intimidation to prevent them from leaving.”

The report adds that “In December 2008 the government established a Labour Relations Authority and a Labour Tribunal to implement the new Employment Law.”

The Tribunal did not begin functioning until April 2009 due to budgetary constraints and lack of office space.

When asked what he thought of the changes in human rights practices in the country, Saleem said “as far as civil rights go, we are a changed country.”

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HRCM annual report on human rights reveals concerning statistics

The Human Rights Commission of the Maldives (HRCM) held a press conference this morning to present their annual report for 2009 on human rights in the Maldives.

The press conference was led by President of the Commission Ahmed Saleem and Vice President Mohamed Zahid.

The Commission expressed concern and regret that when MPs debate on bills presented at the People’s Majlis, they sometimes ignore the Commission’s comments.

The report mentions complaints made by the public directly to the HRCM.

Out of 490 total complaints made in 2009, 322 were resolved and 168 are still pending.

The highest number of complaints, 139, were job-related cases. The HRCM said most of these complaints were from people working at resorts. Thirty-seven of these cases are still unresolved.

The second highest number was relating to housing and property rights, the HRCM having received 57 complaints last year, 26 of which are still pending.

Police-related complaints amounted to 55, and eight were related to violence (all of these being marked as ‘resolved’).

Two complaints were relating to murder. Both are still pending investigation.

There were 16 complaints relating to child abuse, which was one of the issues they listed as their main priority to tackle this year. Nine are pending investigation.

The report claims the crime rates in the country have risen. It reads that communities in the Maldives have reached a state of fear mainly because of “failure to enforce sentences for convicts.”

It adds that “a large number of convicts are loose in society.”

Complaints relating to the judiciary system were 31, ten of which are still unresolved.

Problems with riots in jails were also listed as a main priority.

Members of the HRCM visited several jails last year including Maafushi jail, Malé jail, Feydhu Finolhu jail and S. Gan temporary jail.

They also visited Hinmafufhi Rehabilitation centre, Dhoonidhu police custodial and the Emigration detention centre, where they conducted their research.

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HRCM health survey concluded

In preparation for the Universal Periodic Review, the Human Rights Commission of the Maldives (HRCM) has concluded a survey which explores the status of health services in Haa Alifu and Haa Dhaal Atolls, reports Miadhu.

The information was collected in Dhidhdhoo, Kelaa and Muraidhoo in Haa Alif Atoll, and Kulhudhuffushi and Hanimaadhoo of Haa Dhaal Atoll.

The HRCM has gathered NGOs, health facility chiefs and members of the public to produce a report to assess the status of the government’s medical insurance programme and the availability of services in health facilities.

The report is being prepared for the Universal Periodic Review of the Maldives which will be held in September 2010 at the UN Human Rights Council.

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