Human Rights Commission of the Maldives (HRCM) has called on the president, independent institutions and all the political parties to come together and discuss issues around human rights in the Maldives and express their ideas.
President of HRCM Ahmed Saleem said the commission had sent letters to President Mohamed Nasheed, Speaker of Parliament Abdulla Shahid, Attorney General Husnu Suood and to representatives of all the political parties.
”We want to hear the voice of political parties and government institutions,” he said.
He said the commission intended to draft a report on human rights in the country and visit the atolls after meeting with government institutions and political parties.
”We advise everyone in connection with human rights including the media to cooperate with us,” he said.
Press Secretary of the President Mohamed Zuhair said the president had not decided whether he would attend, but that he would undoubtedly support the assembly.
Secretary General of the Dhivehi Rayyithunge Party (DRP) Abdulla Mausoom said the party would decide to what to do after discussing it.
He said he do not believe a survey of human rights was necessary, “as for instance is there any use to a survey to find out whether people like to eat?”
He claimed the government had abused the rights of freedom of opinion by threatening private media.
Recently inducted Maldivian Democratic Party (MDP) MP Alhan Fahmy said the party would support the gathering, noting that while human rights in the Maldives was progressing day by day, ” there are things to be corrected.”
Police and the Ministry of Health and Family have confirmed they are concurrently investigating a “very serious” case of child abuse.
Sub-Inspector Ahmed Shiyam confirmed a number of children had been taken to hospital, but did not divulge further details.
Minivan News understands four children were taken to Indira Gandhi Memorial Hospital (IGMH) by ministry workers yesterday to undergo medical examination following allegations.
Inspector Mirufath Faiz, head of the family and child protection unit, said the children had suffered from physical abuse and neglect. She explained authorities were withholding all information for the sake of the investigation.
“There are so many things we need to find out,” she said. “When we have more information that we can share, we will share it.”
Deputy Minister of Health and Family Mariya Ali said all details are being withheld for the protection of the children.
“We have the childrens’ best interest in mind, and that means we cannot give out any information that might put them in danger,” she said.
Mohamed Shihaab of Child Abuse Watch Maldives said he understood the authorities’ fear that evidence would be corrupted, or that the families of the abused children would suffer more if their identities are known.
“There is no need to disclose the identities of the children or their families, but the incident needs to be reported. It’s important that the community knows if something like this is happening,” he said.
Shihaab said he believed people are not reporting incidents for several reasons, one of them being the lack of confidentiality for the victims. The other is the need to provide witnesses so an abuse case is taken seriously.
“People need to know that justice will be carried out,” he says. “If they do not have enough evidence, their case could be dismissed.”
IGMH has not commented on, or confirmed, the case.
The People’s Alliance (PA) has claimed the government was aware of a possible protest in Maafushi jail over prison conditions, but did not take any action.
Last year on 13 October inmates set fire on some of the cells and caused serious damage to the jail. Two staff jail were badly injured during the protest, along with several inmates.
Because of the damage to the jail caused by the inmates parts of the jail were no longer usable, and after the incident some of the inmates were transferred to a makeshift ‘cage’ prison at Maldives National Defence Force (MNDF) base at Gan in Addu atoll. The temporary arrangement recently drew criticism for its use of military personnel to handle civilian prisoners.
PA MP Abdul Azeez Jamal Abubakur claimed the government was aware of the situation at Maafushi jail after it was sent a letter by Human Rights Commission of the Maldives (HRCM), warning of a possible incident, but chose to ignore it.
”I’m saying this based on a report published by HRCM,” he said, claiming the letter was sent on 30 December following a visit to the jail by the commission.
”We cannot do anything more than inform people about these things,” he said, adding that he was not sure why the government had ignored the warning.
”It seems as though there are people more powerful than the president in this government,” he said.
Zuhair said the government had been watching the jails very closely, and ”if we had received information that such a thing was going to happen, would you believe we would wait without taking any action?” he replied.
”These are just people trying to gain fame in politics,” he said.
Jamal said he does not believe Zuhair, saying “he would not know what he is talking about.”
President of HRCM Ahmed Saleem said Jamal’s claims might be in a report, “but I cannot say whether they are true or not.”
Minivan News presents the first in a series of in-depth interviews with the heads of the independent commissions in the Maldives.
The Human Rights Commission of the Maldives (HRCM) would seem a vital institution to a government that was elected on a platform of human rights and accountability. Founded by former president Maumoon Abdul Gayoom in 2003 it came to the fore following the death in custody of Evan Naseem.
More recently, HRCM has come under heavy criticism from parts of government for its unwillingness to investigate human rights abuses committed prior to 2000. President of HRCM Ahmed Saleem defends the commission, claiming it is misunderstood.
JJ Robinson: What do you see as the role of HRCM?
Ahmed Saleem: HRCM’s major role since 2003 has been teaching the population what human rights and democracy are all about. It’s extremely difficult – you know the pressure we have been under. We are a non-political body – we don’t take sides, and there is always friction with the government in power. That’s very natural. But while I don’t mind the opposition or members of parliament criticising HRCM, it becomes a problem when the sitting government criticises and slanders independent commissions. Independent commissions must be respected, because without these independent commissions, democracy cannot work. Our job is an extremely difficult one to do without taking sides, and I think we are doing our best.
JJ Robinson: What would be some specific incidents of criticism you consider to have been the most damaging?
Ahmed Saleem: It is not even in the interest of the government [to slander us]. HRCM doesn’t go on TV shows, and we don’t retaliate even if somebody attacks us – you’ve never seen us retaliate, because we want to respect even those who criticise us. When people like the press advisor to the president criticises the commission, that means the government doesn’t respect the commission and that’s a problem because this government came to being on platform human rights and democracy – the government can’t afford to criticise the commissions, least of all the human rights commission. There are times we criticise the government but that’s because we are obliged to do so by law.
The government should respect our criticism, find out what’s wrong and talk to us. We cannot demonstrate our independence if the government gives the impression it is trying to use HRCM to achieve its own objectives, like investigating abuses [under the former government]. For that we have suggested a way: a Truth and Reconciliation Commission.
JJ Robinson: Groups such as the Torture Victims Association (TVA) and the Maldivian National Congress (MNC) have attacked the former president for human rights abuses committed during his administration. Do you think this is a productive way forward?
HRCM has been criticised for not investigating past abuses
Ahmed Saleem: [TVA founders] Moosa Ali Manik is my brother in law and and Ahmed Naseem is a friend of mine, so I know very closely exactly what happened. These are people who have suffered grievously, and I can’t blame them. I am not at liberty to criticise anybody. It it is the system – the system is wrong.
We must look into these abuses, we must investigate and find out who is responsible and who is not responsible. They have genuine grievances and I think it would be wrong for anybody to say nothing happened during the last 30 years. Abuses have taken place, and we must find out who did it, why it happened, and also find out how this can be prevented in the future. That is why we have suggested a Truth and Reconciliation Commission.
JJ: Do you think the TVA was attempting undermine HRCM through its promises to bring in international lawyers to document and review human rights abuses?
Ahmed Saleem: We definitely support them doing that, but I don’t think it’s so easy. It doesn’t happen that way. They are saying they will take statements and submit them to international courts – it’s not that easy; there are procedures and ways of doing these things.
If they can do it we would welcome it, but I have my doubts as to how successful they will be without the support of the opposition. That why I always talk about a national effort – even if this TVA claim they are not political, the people involved in it make it extremely political.
There are people like my brother-and-law who are not political, but I know for sure what he went through. He was hurt really badly, and until recently he did not want to even talk about it. Abuses have taken place in the past, but only they know what they went through – we will never understand it. As a human rights commission we will support any NGO working to promote the protection of human rights as long as there are no politics.
JJ: A lot of people currently in power have gone through some terrible things. Do you think that at any stage those experiences can compromise some body’s ability to work effectively in a government with an opposition?
Ahmed Saleem: Yes, I think so. And I think it is worth making an effort. After all we are one people, we are all Muslims here and almost everyone is related, it’s like one big family. The Maldives is just not like any other country that has many cultures and communities – everything here is homogeneous.
That’s why I’m saying we must put the country first, otherwise we may create problems that affect the country and our very existence. But if they feel like [investigating the past] we should do it in the right way. We will play a major role if this Truth and Reconciliation Commission happens, but it will have to be initiated by the government.
JJ Robinson: You yourself were appointed by the former government, and as a result some of these groups have attacked your willingness to investigate past abuses. Has this position you’re in made your work more challenging?
Ahmed Saleem: Yes it has. But we are going to stick to our policy. If you have seen our law, we can’t investigate any issue before 2000.
For instance there is this case some MDP people are trying to pursue through us which took place in 1994. This particular issue has been up taken by my wife’s own family, the person in question is my wife’s brother-in-law, but it happened in 1994. It was very cruel the way he was handled, and we talking about an 80 year-old man. Putting him in jail and harassing him was completely wrong. They brought this case to HRCM and we had to say, ‘no we can’t investigate that’. Because if we did investigate, we’d have to investigate each and every case or I would be open to accusations of favouring family members.
If we take a case like this it has to really do with the sovereignty of the country – we can’t handle so many cases otherwise. Right now we are investigating the political abuse case of someone who is very close to the MDP, the high commissioner to Malaysia. He says he was abused, and we looking into it because that case occurred after 2000.
JJ Robinson: The Maldives is a very small country and you have many links here yourself. How has being president of HRCM affected you? Have you been subject to threats or intimidation?
Ahmed Saleem: We don’t have threats like we used to have. I was personally attacked, my car was attacked, I was attacked by people on the street in those days, when the Maldivian Democratic Party (MDP) was in the opposition. The previous government attacked me and my family, and MDP was very supportive of us. But this the life of a Human Rights Commission. That is what it was all about. HRCM is misunderstood so I don’t take anything personally. I do understand when people criticise on street, but talk to them and most people don’t understand what we trying to do. Creating awareness of human rights is the main objective of HRCM.
JJ: What kind of public support do you think there is for HRCM?
Ahmed Saleem: We don’t see anybody working against us, and understanding of HRCM and its work has increased. In 2003 when we came into being everybody felt HRCM was only about caring for inmates in jails. We visit jails because there is nobody else to care for [the inmates], but that’s only a fraction of what we do.
People who’ve never been to jail don’t understand what happens in there. We work very closely with government because if the government fails, we fail. We ensure the government does its job and respect article 18 of the constitution, but some in senior levels criticise us and I feel that’s not right. We have enormous support from UN Ambassador for Human Rights, and with this in mind it is very damaging for the government to criticise the human rights commission. Because HRCM could fail.
JJ: Is there a risk of HRCM failing?
Ahmed Saleem: Yes there is a risk. If we keep being attacked by the government on a daily basis we have an obligation to let our friends in human rights circles know this is happening, and they would not be happy about this. They expect a government that came into being on a platform of human rights and democracy to work with HRCM and other independent commissions; they don’t expect the government to criticise the commission all the time.
JJ: Why is the government criticising the commission, then?
Ahmed Saleem: Let’s be very clear. I don’t think the government as such has any policy on it – it’s individuals [in the government]. Sometimes we find it difficult to be mature politicians instead of activists. I think this is something we have to learn quickly – there are those in high positions in the government who must change themselves into mature politicians, because the things they say can have enormous effect.
As far as the president is concerned we work very closely and I have enormous faith in him. For instance, he has told me personally to ‘never ever give up on torture.’ ‘If you do that, the government itself will torture people,’ he said. He has gone through it himself.
The president keeps saying ‘If we never let go of the past we’ll never have a future.’ But then he might say HRCM’s work will never be complete until it has investigated past abuses, and the next day he says something different. I don’t think he himself wants to dig into the past.
JJ: Who are these individuals in the government who have a problem with HRCM?
Ahmed Saleem: There are a few in the government. I don’t think some of them even believe in the policies President Nasheed has issued. He is milder, compared to some of these people.
I’m talking about only a few people here; these are the same people who criticise HRCM and other independent commissions. You’ve never heard the president criticise HRCM or any other commission. He is more democratic than most of these people and he knows value of commissions. I have great confidence in the president, but he has a very challenging job.
JJ: What are some of the areas in which HRCM hasn’t achieved what it set out to do?
Parliament's two months of leave is "irresponsible", says Saleem
Ahmed Saleem: One thing I would say is the culture of torture. I remember a few years back, on human rights day, I said there was a culture of torture in the Maldives. During the previous government someone came up and said ‘you’re wrong, you’re making a very big mistake – there is no culture of torture in the Maldives.’ I stick to my word and stand by what I said.
You can still see it happening. But unlike before the police have changed; police tactics have changed, and they want accountability. We are working with police and the police integrity commission, and the police are giving us all the evidence we need because they feel we should be investigating [complaints].
But I can be 100% sure that the new government has no policy of torture. It’s been the system – it’s the system that’s been wrong, whether it was President Nasir, President Gayoom… under that system anybody could do anything and get away with it.
That’s not the case now, and that is why [the previous government] was a dictatorship – there was no separation of powers, there was no justice. But right now the nature of politics in this country is so divisive it is threatening the existence of this country. I think at some stage the opposition must acknowledge that violence took place in the past.
JJ: Let’s look at some specific issues around human rights in the Maldives. How important is gender equality to the country’s future?
Ahmed Saleem: I think it’s extremely important. I don’t think you’ll find any other Muslim country that has so little discrimination against women; even in the government there are more women than men. At the top levels there are fewer women because they started late – this used to be a very male dominated society.
We have extremely well-educated young ladies these days and I think we should be bringing more of them into the government. Women in Maldives had voting rights long before many other countries, and the only hitch we had as far as human rights were concerned was that women were barred from running for president – that’s gone from new constitution.
I don’t think any there’s effort being made against women being active in society except by conservatives – extremists I would say, who are a threat to the very existence of this country.
JJ: How has religious extremism affected the country? And how has this changed under the new administration?
Ahmed Saleem: I think there is more extremism [in the Maldives] now than then. I also think that unless we can bring it under control we are going to be in danger. In our 2006 report we predicted that there would be serious problems in society not because of politics but because of extremism, and that’s become very true – we see it happening now. People are misusing freedom of speech and expression.
We have had moderate Islam [for a long time] and most of us belong to moderate Islam, but there are a few – I would saw half-baked – religious scholars who are advocating something totally different. I think the Islamic Ministry has to take huge responsibility for this.
JJ: Do you think the Islamic Ministry is fulfilling this responsibility?
Ahmed Saleem: I don’t think so. They should be doing much, much more.
JJ: Where are these scholars coming from? Why has this suddenly surfaced?
Ahmed Saleem: We never thought of religious extremism as a problem, so nobody really thought of doing anything about it. Now I think the present government recognises the danger, and are even trying to restrict people going to certain countries and certain colleges.
I think that’s very good. This state is a democracy and anybody can go anywhere, but when it threatens the whole of society and the country I think it’s time the government takes action. I heard the other day [the government] is trying to restrict people from travelling to certain madrassas in places like Afghanistan and Pakistan.
JJ: How much of this happening because people are seeking higher education opportunities that the Maldives cannot provide?
Ahmed Saleem: This happening because the people advocating this kind of extremism don’t understand what Islam is. Islam is a very simple religion. I don’t think Islam advocates any violence – it doesn’t do that. But some of these extremists think any non-Muslim should be killed, for instance, which is wrong. They go on jihad to various countries – Afghanistan and Pakistan. This is highly against the religion.
I don’t know if this is anything to do with our education system. I think our own system should work on this, and try to [cater to] those who want to learn religion. I think the Islamic and education ministries should really think about how best they can handle this situation [internally], rather than have large numbers of people going outside the country and returning with different beliefs and only half an education. It’s a very serious problem that must be addressed.
JJ: Do you think human rights can be guaranteed under the current constitution?
Ahmed Saleem: Yes, I think so. We have never had a Constitution like this – it’s very democratic, but it’s not perfect; no constitution is perfect. I think it was done in a hurry in a way, and there are lots of changes that must come with practice. Our own legislation needs change – the Maldives is one of the few countries that has signed almost all human rights instruments, and there are so many laws that must be incorporated into Maldivian law.
This ought to be done by the Majlis (parliament). At a time like this, during a process of transition, there is so much to be done, and yet the members of parliament are going on leave for two months. I think that is very irresponsible – now is the time to do this, before people get fed up with democracy, before they start thinking that the former dictatorship was better because there was no quarrelling; there was stability under dictatorship. I don’t know why the Majlis has to take two months leave, and cannot take leave like we do. They are elected by the people why not take leave like we do? There are so many laws pending and so much work to be done.
JJ: Do you think the members of parliament are as informed about human rights as they need to be?
Ahmed Saleem: Democracy cannot function without rights. So much is missing because they are not in session. Some people are saying there is more peace in the country because the Majlis is not in session. It is going to take maybe 20 years to create the kind of parliament we are trying to imagine.
JJ: How much success has the media had in the last year in becoming independent, and what do you think of its current condition?
Ahmed Saleem: The media has developed a lot. But with media independence also comes responsibility – we need responsible journalism these days. I find there aren’t too many people who can investigate a report or analyse a situation and suggest recommendations for the government and independent bodies. People just go and report anything they want, and in most cases they want sensationalism. And they don’t follow up their reports – just one report and that’s it. The media needs to mature.
JJ: Until recently media in Maldives existed on government subsidies for quite some time. Do you think it is possible to have a fully independent media that receives subsidies from the government?
Ahmed Saleem: In order for the media to develop I think the government must provide some kind of media subsidies until they mature. The media is the fourth pillar of democracy, and unless there is a genuine and productive media I don’t think we can work as a democracy.
JJ: Has one of the failings of journalism in the Maldives been its political attachments?
Ahmed Saleem: The only problem is unfortunately we are still learning what democracy and human rights are all about. That people are misusing both is a matter of great concern – there is a limit to criticising the government and making the government responsible. I don’t think anywhere else in the world people call for the ousting of the government at every meeting of the opposition – you just don’t do that. I wish there was some kind of law to prevent that from happening.
JJ: Would that conflict with freedom of speech?
Ahmed Saleem: I don’t know, but at this time we must do what is right for the country. I’m not saying if the time is right the opposition shouldn’t call for a no confidence vote, it is the opposition’s mandate to do that. But not at every rally; you don’t do that without a reason.
It is a difficult situation for the government in power – extremely difficult after so many years without democratic rule. People are misusing freedom of speech and freedom of expression to a great extent, and that is a concern.
The Human Rights Commission of the Maldives (HRCM) has renewed calls for a Truth and Reconciliation Commission (TRC) in the Maldives, after coming under attack for failing to address the custodial abuse of political dissidents prior to 2002.
During the launch of the ‘Torture Victims Association’ NGO on Saturday night, MDP MP and founder ‘Reeko’ Moosa Manik threatened to call for the dismissal of HCRM’s president Ahmed Saleem in the parliament.
“We’ve come out for justice for the torture we went through before 2002. If you can’t do it, why don’t you resign and go home,” he demanded.
At a press conference today, Saleem said that “since we are an institution working for human rights, we will give support to anyone working for human rights – our law compels us to protect and promote human rights, so [the TVA] will get our support and cooperation. But it should not be political.”
Yesterday the DRP accused the MDP of forming the TVA in an attempt to motivate its activists by uniting them against former president Abdul Maumoon Gayoom. Today Saleem emphasised that such an NGO cold only be justified “as long as there is no politics involved, as long as there’s some sincerity in what they’re doing. Already there’s a network of NGOs that we support, so it’s like any other… we will support it if it is genuinely working for human rights.”
However he added that “it’s is not our mandate to look into the type of allegations they’re making – we don’t talk about things that happened before a certain date. The main reason this is happening is, in truth, if there is no democratic system in a country for too long, [human rights abuses] will happen.”
Furthermore, he claimed, “we have to consider national unity, the state of the nation and if it’s the right thing to do. I would say this is a very dangerous time for the country’s future – as a small, homogeneous Islamic nation the Maldives cannot afford such bitter divisions.”
Although HRCM’s mandate did not extend past 2000, he said, the commission could technically investigate human rights abuses before that. But, he said, HRCM had to “consider the consequences of such an investigation.”
Instead, he reiterated his earlier call for a South African-style Truth and Reconciliation Commission (TRC), “with powers to conduct investigations, take witness statements and issue pardons in exchange for testimony.
“The Human Rights Commission does not have these kind of powers – the two things that are needed most for it are the powers to issue judgements and pardons. We don’t have either of these powers and neither does any human rights commission anywhere in the world.”
A TRC would demand the cooperation and participation “of all political parties, to move beyond the past.”
He added that the commission was concerned about the current unstable political atmosphere and the polarisation of Maldivian society, and stressed that a truth and reconcilation process should not be politicised.
Minister for Foreign Affairs Dr Ahmed Shaheed today said he supported the concept of a TRC, but noted that a “blanket amnesty is illegal under international law.”
“The UN said it would not associate with the Sierra Leone amnesty in 1999. But yes, the notion that we need to address past grievances, find the truth, and through process of finding the truth find redress, is important. I think as the year progresses the idea will develop,” he said.
Three assessments on the human rights situation in the Maldives, produced by the government, HRCM and a coalition of NGOs, will be presented to a UN council in November this year. Shaheed said he hoped the government’s draft would be ready for public review by early February.
Frustrated with the performance of government institutions, a new NGO founded by MDP members, the ‘Torture Victims Association’ (TVA) has vowed to gather cases and take them to international courts in the pursuit of justice, if necessary.
On Saturday night at the first of a series of rallies calling for justice for human rights abuses committed under the former government, TVA founding member and parliamentary group leader of the ruling Maldivian Democratic Party (MDP) ‘Reeko’ Moosa Manik said those who suffered grievously had waited “long enough”.
“But today I’m announcing, everyone stand up for your rights,” he said.
The rallies were attended by senior officials of the government as well as senior MDP members who spoke of their experiences in jail.
The first gathering on Saturday followed remarks by former President Maumoon Abdul Gayoom on a live radio show where he denied ordering the torture of political opponents.
“No Maldivian citizen was unjustly punished that I was aware of or on my orders,” he said.
At a press conference yesterday, Moosa said the objective of the new NGO was to seek redress for injustices.
“Our main purpose is to bring an end to the torture that has gone on in this country for most of its history,” he said.
Former governments established “a culture of torture” in order to remain in power and suppress dissent, he said.
Moosa said the society was distinct from MDP as it was “100 per cent” comprised of victims and appealed to the media not to “twist” the association to portray it as a political endeavor.
The association plans to contact and enlist the help of international human rights organizations and the UN Human Rights agencies.
A team comprising of “Maizan” Ali Manik, Ahmed Naseem, state minister for foreign affairs, Dr Ahmed Ali Sawad, tourism minister and Dr Ahmed Shaheed, foreign minister, were working towards this end, he said.
At the press conference, Naseem said the impetus for forming MDP came from the unjust practices of Gayoom’s government.
Naseem characterised the work of the society as a “national task”because victims of torture have been incapable of speaking about their
experiences.
Torture was “institutionalised” by the former government, he said,and families were destroyed when dissidents were targeted.
“If you walk down the road and meet 100 people, 40 of them would have been tortured at some point,” he said.
Naseem said if Maldivian courts fail to provide redress for injustices, the association would take the cases to international courts.
“Maizan” Ali Manik said the association would gather information and records and find a way to make the history of torture in the Maldives available to the public.
Not political
Naseem also emphasised that the new NGO was not political.
“The idea is to make sure these things do not happen again in the Maldives,” he said. “It’s nothing to do with what the government is doing. Today, young people have no idea what stocks are. At the turn of the century it was commonplace to use these things in the Maldives – they don’t know about medieval torture devices that were banned in 14th century Europe being used very recently in the Maldives.”
Government institutions such as the Human Rights Commission of the Maldives (HRCM) had proven unsatisfactory and had made a lot of excuses, he said.
“I don’t know if it is a lack of passion, a lack of efficiency or a lack of will,” Naseem said. “Few such government institutions work very well in any country. A government offical will often just work for a salary; they may not have the same passion for their job as a private non government organisation.”
The NGO was “just one way” of addressing the situation, he said, noting that there were “various ways” including court settlements and the proposed Truth and Reconciliation Commission (TRC).
“But there are criminals here who need to be brought to justice,” he said. “People can’t move ahead without justice.”
It was “amazing”, he said, “how people who were tortured by the regime still support it. It’s like Stockholm Syndrome – it’s very difficult for many people to talk about how they were abused. Some are very ashamed. I myself find it hard to speak about what happened to me. Women were raped and will not talk about it public. But many people have said they will speak in recordings, or without their face revealed. Many want [the process] to remain confidential.”
Naseem insisted the investigations “will not turn into a witch hunt. We are just trying to gather information.”
The NGO would seek international assistance and funding, he said, as “we don’t know how to go about these things in the Maldives.”
Opposition reaction
Gayoom’s spokesman Mohamed Hussein ‘Mundhu’ Shareef denounced the TVA as “another voodoo NGO in the Maldives.”
“We’ve seen this before: Moosa gets on a platform to do what he does best – level accusations at Gayoom. His sell by date is up.”
Mundhu accused the MDP of orchestrating the new NGO.
“The MDP needs to boost motivation among hardcore supporters to bring them out of the yellow haruge, and the thing that unites the MDP is Gayoom,” he said. “If you go to the root you’ll find it’s at the second floor of the president’s office.”
If the government wanted to investigate corruption, Mundhu said, “there is a constitutionally empowered body. If the police are overstepping their boundaries, what is the point of funding a body like the police integrity commission if it’s not going to be used? And how can they appoint a state minister like Mohamed Aswan to investigate police reform and expect him to be impartial?”
The DRP “has never had a problem with the police”, Mundhu added. “We’re not the ones complaining and sending letters. When one of our activists was recently arrested for defacing municipality property, when he came out he told me that while the food was not very good, the police treated him very well.”
Mundhu appeared less opposed to the prospect of a TRC, “but I do not believe any mistreatment happened with the direct knowledge of the previous executive.”
Disruption
Organisers of the TVA rally accused the DRP of attempting to disrupt the association’s event on Saturday night, an action Naseem condemned as “disgusting”.
Mundhu rejected the claim.
“We’re not MDP, we don’t attack and disrupt [rallies],” he said. “At the same time, why is the MDP holding its gathering right outside the DRP office every night – is it designed to stop us holding our own rallies?”
The DRP was also concerned about state broadcaster TVM’s coverage of the event, he added.
“When we saw the live TVM coverage we rang to ask why the giving away airtime, and they said it was a new formula and they would be happy to sell us an hour of airtime for Rf22,000. We don’t have the money for that, but it was nice to know.”
Forced labour is a “serious problem” in the Maldives and a sign that the government is not fulfilling its obligations as a member of the International Labour Organisation (ILO), claims a report into the country’s labour and trade union policies by the International Trade Union Confederation (ITUC).
The report, produced for the World Trade Organisation (WTO) in October, found a “relatively large number of forced labour-type situations among migrant workers and female domestic workers in the Maldives.”
“Domestic workers, especially migrant female domestic workers, are sometimes trapped in situations of forced labour and are in many cases forbidden from leaving the employers’ home through threats and other means,” the report said, citing figures from the 2009 report of the Human Rights Commission of the Maldives.
“It is estimated that the number of migrant workers has almost tripled during the past five years and there are more than 80,000 migrant workers in the country, equivalent to
around 26 per cent of the population. While many are not in a situation to be defined as bonded labour or forced labour, many other labourers from neighbouring countries pay
large sums as commissions to receive employment in the Maldives and often are not in a position to quit their job before they have paid back the sums of money borrowed.”
“I think there’s some truth in it, particularly with female workers from Sri Lanka and India finding themselves in situations where they are not being paid, or not able to limit their working hours,” said President of the Human Rights Commission of the Maldives (HRCM) Ahmed Saleem.
Children were particularly at risk, the report noted, with some of those migrating to Male from the outer islands for educational purposes finding themselves forced to work as informal domestic workers in exchange for accommodation and food.
“The house work done by such children is not voluntary in the cases where their continued stay in such houses depends on such children obediently doing house work as required by the owners of houses,” the report found, adding that child labour was also reported in the fishing industry.
Saleem said he had not heard of such practices in the fishing industry, but noted that when people living on the islands sent children to study in Male “many places will provide food and pay expenses, and in return the [child] may feel obliged to do work.”
There were many advertisements for such arrangements in local newspapers, he observed.
Workplace discrimination
The report also lambasted the government for failing to implement the prohibitions in the Constitution and Employment Act against workplace discrimination, especially regarding women.
“Women face discrimination at the workplace and in society, a problem which the government has failed to address in any satisfactory way,” the report said.
“At certain workplaces it is not permitted to get married or pregnant as this would lead to a termination of employment or change of job, and the complete absence of child care facilities forces many women to leave their job once their first child is born.”
Aishath Velezinee, member of the Judicial Services Commission, questioned whether this occurred and noted that the Maldives’ lack of childcare facilities stemmed from the culture historically relying on extended families for this purpose.
“Until lifestyles and ways of living began to change, there hasn’t been a need for it,” she said.
As for sexual harassment, another area highlighted in the report, “it exists but there is also a bill being drafted. I would say the state is addressing the issue.”
Discrimination based on sex was similar to that based on perceived cultural and profession hierarchies, she said.
“People don’t seem to understand the concept; they see [discrimination] as a cultural thing. It is a big issue: we don’t seem to understand the discrimination as it is meant in the Constitution or as it is expected in a democratic country.”
Even in the Supreme Court, she said, junior staff were made to take off their shoes and either wear slippers or go barefoot to protect the soft marble floors while senior staff could wear shoes.
The report also noted that women were prevented from working at many resorts because of their remote locations, as it was not considered socially acceptable for young unmarried females to stay on resorts for long durations.
“Traditionally women are disadvantaged in the Maldives, particularly in the application of Shari’a law in matters such as divorce, education, inheritance, and testimony in legal proceedings,” the report said, a state of affairs Velezinee admitted was “true”.
Saleem however observed that the Maldives treated women far better than other Islamic cultures, “where many [women] would describe themselves as slaves and sex objects.”
“Maldivian women have had voting rights since time immemorial. I’m not saying anything is perfect, but I think we have done more than other Islamic countries,” he said.
Collective bargaining
Furthermore, the report claimed that the Constitution and Employment Act contained no provisions allowing workers to collectively bargain, and despite the presence of active workers’ organisations such as the Tourism Employees’ Association of Maldives (TEAM) and the Teachers’ Association of the Maldives (TAM) the country had yet to formally recognise any trade unions.
“Strikes have been suppressed and encountered violent reactions from the the police [in the past],” the report said, observing that “freedom of association is still far from common practice.”
The right to collective bargaining “should be integrated [into the Constitution and Employment Act] now the Maldives is a member of the ILO,” the report urged.
“It must be the primary priority of the Maldives to ratify and fully implement the eight core ILO conventions and bring its labour law and practice in line with international labour standards.”
Saleem agreed: “Everyone knows the Employment Act needs changes. The Labour Ministry has said it will look at the recommendations we made [on the subject], but it has been two months. It’s time the government made it a priority – the Labour Minister has a lot of work to do.”
A South African-style Truth and Reconciliation Commission (TRC) has been put forward as a means of mending political and social divides in the Maldives, following President Mohamed Nasheed’s radio address last week calling for the investigation of past injustices.
“I am saying this as a person who has seen these things very closely. Many people have died. Many people were killed. The lives of many were ruined. Many people’s lives were destroyed to the point where they had no future,” Nasheed said, calling on the Human Rights Commission of the Maldives (HRCM) to look to the past and become “a commission that properly works for human rights in this country.”
In an interview today with Minivan News, President of HRCM Ahmed Saleem said while he agreed “that while the violations of the past need to be looked into, I also think that right now the country is divided and facing problems of politics and religion. I’m very concerned – we’re a small country of 300,000 people and we can’t afford to have such divisions,” he said.
An investigation spanning the time of the former government risked “setting a precedent for a witch-hunt whenever there is a change of government.”
“Personally, I don’t think the president wants to dig into the past,” Saleem said. “But he is under a lot of pressure from others in his government who suffered greatly under the former regime. He is a politician and he is doing what he has to do.”
An alternative to HRCM’s involvement, he suggested, was to create a separate commission “to look into the past with the intention to unify, rather than punish.”
Such a commission would not undermine HRCM “because our mandate states that we must send matters to the courts, and we [rarely] investigate anything that occurred before 2000. We try to mediate and find solutions.”
In contrast, the new commission would “allow those who were abused to ask for forgiveness, and those who were abused to forgive,” he said.
“It would need the approval of the People’s Majlis and the major political parties; such a set up would need the power to convict, the power to forgive, and also a lot of money, because the process would have to last at least two years.”
While the South African TRC had the power to convict following the abolition of apartheid, in practice many perpetrators of human rights abuses were given civil and criminal amnesty in exchange in return for truthful testimony. The project was widely considered successful and a key component of South Africa’s transition to a free democracy.
A similar commission in the Maldives would have to be agreed upon by major parties and protected from becoming a political weapon, Saleem suggested, questioning the wisdom of limiting the mandate of such a commission to 30 years.
“We need a strong opposition to keep the government accountable,” he said. “It’s very important for the president, the government and the Majilis to unite the country, and the opposition [DRP] will not agree to any investigation of less than 30 years.”
This would place Ibrahim Nasir’s government within the mandate of the TRC, including his brutal 1962 suppression of the United Suvadive Republic and destruction of Havaru Thinadhoo.
“The mandate must be to learn from past mistakes so as to avoid them in the future, and in the process unite the country and strengthen democracy,” Saleem proposed. “Democracy alone will not unite the country.”
Departure from promise
Shortly after his election, President Mohamed Nasheed famously asked Maldivians “to follow my example and leave Gayoom to grow old here”, a reconcillatory statement many interpreted as a mark of the new president’s forward-looking approach to governing the country. In this sense, Nasheed’s request last week that HRCM to investigate the previous government’s alleged human rights abuses appeared to reflect a change of heart.
“What he said was that he was not going to go after Gayoom,” speculated Shahindha Ismail, of the Police Integrity Commission and former head of the Maldivian Detainee Network.
“If we were to get technical, it could mean he was not going to file a case against him individually,” she said, suggesting Nasheed’s comment was not a reference to institutions with a mandate to investigate human rights abuses like HRCM.
“Now, I think [Nasheed] is plainly not happy with HCRM and the way they’ve been working.”
Shahindha said while she is not sure “we should go back to the time of the kings and dig up all these graves again”, she believes a TRC “would at least acknowledge what people have been through and at give others a chance to take responsbilitity for what they have done – a kind of self-remedy.”
In her experience working for the Police Integrity Commission, Shahindha observed that “many people report an incident in a fit of passion, but when it comes time to carry out the investigation they withdraw their complaints.”
“If I was going to explain [the concept of a TRC] I would describe it as ‘putting it all on the table so you can get on with your life,'” she said, suggesting that simply the process of being listened to might be curative.
But gaining political consensus for the idea would be a challenge, she thought, particuarly since “the DRP will jump to conclusions that this is about undermining their time in government.”
That much proved accurate: when Minivan News raised the idea with Secretary General of the DRP Dr Mohamed Mausoom, he said he suspected the President would use the opportunity to continue “passing all the blame for failure to the former government.”
“There are better things the government should be doing. People elected the them to govern the country, and in a democracy [the MDP] should listen to the people and deliver. Give HRCM enough money to do their job,” he added.
However Shahindha speculated that a TRC “would also likely see senior MDP people appear on the table.”
“It doesn’t have to be a replica [of the South African TRC], but the general concept has been tried and proven. I do think it would be quite effective. However there is likely to be an initial negative reaction from the public. It was the same in South Africa, it took them a while to understand the concept.”
If former police commissioner Adam Zahir, “who is accused of more human rights violations than anyone else in the Maldives”, could sit in open cafes in Male, Shahindha said, “I’m very sure Gayoom could walk down the street without facing any problems. If people come out I don’t think there will be a lot of people running after them. Maldivians might not forgive and forget, but I do think they let go.”
President Mohamed Nasheed has called upon the Human Rights Commission of Maldives (HRCM) to investigate and uncover the injustices of the past to fulfill its mandate.
In his weekly radio address yesterday, President Nasheed said although the commission’s regulations stated that it could only investigate incidents dating from two years before its formation, the law gave HRCM the authority to conduct investigations before 2001.
“Until past injustices are investigated, the Human Rights Commission of Maldives will not be a commission that properly works for human rights in the country,” he said.
The president said grievous injury was done and serious injustices were perpetrated upon many citizens in the past 30 years.
“I am saying this as a person who has seen these things very closely. Many people have died. Many people were killed. The lives of many were ruined. A lot of people’s property was appropriated. Many people’s lives were destroyed to the point where they had no future,” he said.
“In truth, there is no way to find justice for these things. The time that was lost to them cannot be given back, the wrongs done to them cannot be set right. But, we have to carry out full investigations into these things to find out how it happened in order to ensure that it is not repeated.”
The president’s office continues to receive complaints from citizens about injustices done to them by the previous government.
Many senior officials of the government and MPs of the ruling Maldivian Democratic Party (MDP) had “endured serious inhumane treatment”.
“I would like to note the harm done to MDP parliamentary group leader Reeko Moosa Manik,” he said. “The former government destroyed his life when he was very young.”
In 1983, Moosa was sentenced to death on charges of conspiring to overthrow the government.
In the run-up to last year’s presidential election and beyond, Moosa spoke extensively about his experiences in jail and how he was tortured.
The president said he was not asking the commission to investigate such cases based on a desire for vengeance on the part of either Moosa Manik or other MDP members. “We don’t wish for this to happen again to our children. Therefore, I believe that understanding how things happened in the past will give us the opportunity for us to stay clear of these things.”
Opening his address, the president said the biggest obstacle to progress and development of the country was the failure to secure human rights for citizens and the suppression of free expression.
Nasheed said the former government lost its way because people were not allowed to criticise or oppose its policies.
“It is very important for citizens to have their rights to keep the government on the right track; for everyone to know that they have certain rights,” he said.
The president said he wanted to assure citizens that anyone whose rights were violated in the past year of the first democratically elected government had the opportunity to seek redress for injustices.
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