Tag: HRCM

“President Yameen, the world is watching you”, warns Australian senator

Australian Senator James McGrath has warned President Abdulla Yameen that the eyes of the world are on the Maldives’ deteriorating human rights situation.

“Do not lead your country into the shadows of fear and hate and violence. Stamp on ISIS and the other agents of hate. Let the Maldives be free – President Yameen, the world is watching you,” McGrath told the Australian Senate yesterday (October 28).

The Queensland senator told the house of judicial corruption, political violence, media suppression, and religious extremism in the Indian Ocean nation.

He gave special attention the the ongoing Supreme Court case against the Human Rights Commission (HRCM) and the disappearance of Minivan News journalist Ahmed Rilwan 82 days ago.

McGrath informed the assembly that he had worked with former President Mohamed Nasheed during his successful 2008 presidential election campaign, describing the transition to democracy as a “political fairy tale”.

The governing Progressive Party of Maldives last week accused Nasheed’s Maldivian Democratic Party (MDP) of attempting to use the international community to influence the case against the HRCM, to “discredit Maldives reputation”, and to “impoverish the Maldivian people”.

Recent events in the Maldives, including consistent attacks and threats against opposition MPs and property, have prompted concern from the EU, Amnesty International, the Inter-Parliamentary Union, and the Canadian government.

McGrath – who described the suo moto proceedings used against both the HRCM and the Elections Commission earlier this year as “unusual” – said “a worrying trend has been for the supreme court to violate the separation of powers outlined in the 2008 constitution”.

Noting the likely abduction of 28-year-old journalist Rilwan had come after a series of attacks on the media in recent years, McGrath observed a “slide into authoritarianism and religious extremism” in the aftermath Nasheed’s departure from office in February 2012.

The senator’s comments regarding ISIS followed one week after UK Under-Secretary of State for Foreign and Commonwealth Affairs Tobias Ellwood responded to a written question from Karen Lumley MP on the group’s potential activities in the Maldives.

“We are aware of the activity of ISIL sympathisers in the Maldives, and we will continue to engage with the Maldives government about the promotion of religious freedom and moderation,” Ellwood informed Lumley.

While up to four Maldivians are reported to have been killed fighting in the Syrian civil war this year, a family of four were reported to have migrated to ISIS held territory last week.

Up to 200 demonstrators marched through the capital Malé last month, brandishing the flag made famous by ISIS, calling for the full implementation of Shariah in the Indian-ocean archipalego.

McGrath yesterday expressed alarm at recent moves to subject the publication of poems and prose to government approval – a move he called “blatant censorship” – before concluding his speech.

“The world is watching you president Yameen. Be a true leader and let your people be free. Let them speak freely, let them be without fear of violence, let them have rights of association, let them talk right and join together as free peoples.”

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OHCHR expresses concern over Human Rights Commission charges

The Office of the High Commissioner for Human Rights (OHCHR) has expressed concern over the Supreme Court’s suo moto case against the Human Rights Commission of the Maldives (HRCM).

“We are deeply concerned about the case initiated by the Supreme Court of the Maldives against the five members of the Human Rights Commission of the country,” read the press briefing.

The OHCHR expressed its concerns in a press release yesterday (October 17) from spokesperson for the UN High Commissioner for Human Rights Ravina Shamdasani.

The Supreme Court has charged the HRCM with undermining the constitution and the sovereignty of the Maldives by spreading falsehoods about the judiciary in its submission for the UN Human Rights Council’s Universal Periodic Review.

Next year’s review – the Maldives’ second since the introduction of the process – will take place between April and May next year.

The OHCHR statement noted that, in making the UPR submission, the commission had operated in line with international principles governing national institutions.

The OHCHR urged the government to “firmly defend the independence of the Human Rights Commission of the Maldives in line with the commitments made during the first UPR of the Maldives in 2011.”

“The government has a responsibility to ensure a safe operating space for the commission and for civil society actors in the country, so that they are able to cooperate with UN human rights mechanisms without fear of reprisals,” read the press release.

UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein has also written directly to the Maldivian Government to express his concerns over the issue.

Canadian Foreign Affairs Minister John Baird has already called the case “unfortunate”, describing the court’s action as “a decision that will not help restore its credibility.”

The Supreme Court came under intense international criticism following its role in the 2013 presidential election, which included the annulment of the first round based on evidence later discredited by UN experts.

“Free Speech must be protected, not trampled,” said Baird late last month.

The Asia Pacific Forum of National Human Rights Institutions urged President Abdulla Yameen to ensure the independence of the HRCM and to guarantee immunity from prosecution for its members.

In the second court hearing held in the case on September 30, the Supreme Court denounced the submission’s section on the judiciary as “dangerous”, “irresponsible” and “poorly researched.”

The Supreme Court slammed commission members for basing criticism of the judiciary on findings from the 2013 report by UN Special Rapporteur Gabriela Knaul that it had previously rejected.

Former Judicial Service Comission member Aishath Velezinee was denied entry into the hearing after being issued a pass at the reception, with a court official telling her that she could not be let into the court room for security reasons.

In similar suo moto action in March, senior members of the Elections Commission were dismissed after being prosecuted for charged with contempt of court and disobedience to order.

Suo moto cases – unheard of in the Maldives before this year – involve the court taking the initiative to bring charges which are then overseen by its own judges.

While the President’s Office has also criticised the HRCM’s submission, suggesting that sections on the death penalty are misleading, the Maldivian Democratic Party has accused the court of undermining the commission’s mandate.

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Law and Gender Ministry to provide water from local supply to Special Needs Centre

The Ministry of Law and Gender has said it is currently working on providing clean water to the Centre for People with Special Needs in Guraidhoo through the local water supply plant.

The announcement has been made following the issuance of a directive from the Human Rights Commission of Maldives (HRCM) ordering the ministry to make immediate arrangements to provide clean water that fits WHO standards to the community.

Observation teams from the HRCM found the water used at the centre to be contaminated with e-coli bacteria and has been advising the ministry to solve the issue since 2009.

Speaking to local media, Deputy Minister of Law and Gender Mohamed Zahid dismissed the HRCM’s observations, stating that residents of the centre were not currently using the contaminated water for drinking or bathing purposes.

He explained that the delay in supplying clean water to the centre came because of the Ministry’s intention of “acting justly towards all” and attempting to provide water from the plant to all locals of Guraidhoo instead of just those living in the centre.

“The water we naturally get from Guraidhoo is not of a quality safe for any use. We wanted to do things justly and equitably towards all. It is not fair to provide clean water only to those residing in the centre,” he is quoted as saying.

Zahid, however, added that water from the public supply can be continuously supplied to the centre within 25 days, while the rest of the island can expect to get the service by 2015.

The directive released by HRCM on October 14 callsed upon the ministry to immediately introduce temporary facilities which will provide clean water for basic needs, and requests detailed plans for dealing with the facility’s water and sewerage problems by October 19.

In 2011 the HRCM has conducted tests on the water available in the centre after receiving complaints that it had a foul smell. Three of four samples taken from the centre proved to be below WHO approval standards.

Hafeeza, head of the ministry’s section mandated with oversight of the centre, could not be reached at the time of press, while a ministry official who requested to remain unnamed declined from commenting on the matter.

The Malé Water and Sewerage Company (MWSC) signed an agreement with Kandooma Resort last year to provide a 30 tonne water plant to Guraidhoo as part of MVR1.5 million (US$97,600) investment.

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HRCM repeats calls for clean water at special needs centre

The Human Rights Commission of Maldives (HRCM) has asked the government to address problems in the water and sewerage system Guraidhoo’s Centre for People with Special Needs.

The directive calls upon the ministry to immediately introduce temporary facilities which will provide clean water for basic needs, and requests detailed plans for dealing with the facility’s water and sewerage problems by October 19.

The centre, in Kaafu atoll, is the only facility for Maldivians suffering from mental disabilities and currently falls under the remit of the Ministry of Law and Gender.

The commission states that the government has failed to take action despite repeated appeals from the HRCM over the past 5 years.

Today’s directive was released based on observations made by a team from the commission which visited the centre on September 16.

The HRCM revealed in a statement that tests conducted on the water used for sanitation purposes in the centre showed a high presence of e-coli bacteria, in contravention of World Health Organisation (WHO) approved standards.

Doctors who joined the observation team suggested that using the water could lead to diarrhoea, skin diseases, and urine infections among other ailments.

The statement further noted that medical records from the centre showed a large number of patients were already suffering from skin diseases.

The HRCM stated that it had been repeatedly calling on the government to solve the issues regarding the water supply of since 2009. A report released that year stated that approximately MVR9,000 (US$583) was spent each week on purchasing bottled water for drinking purposes alone.

While Tuesday’s statement calls on the government to provide clean drinking water, it does not specify whether the centre was continuing to supply mineral water to residents.

The commission also conducted tests on the water in 2011, after complaints it had a foul smell. Three of four samples taken from the centre proved to be below WHO approval standards.

Minister of State for Law and Gender Dr Hala Hameed was not responding to calls at the time of press, while an official of the Ministry of Law and Gender who requested to be unnamed declined from commenting on the matter.

The Ministry of Law and Gender has the mandate to oversee all government functions related to families, children, women, people with special needs, and human rights.

The Malé Water and Sewerage Company last year signed an agreement with Kandooma resort to provide a 30 tonne water plant to nearby Guraidhoo as part of a MVR1.5 million (US$97,600) investment.

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Interschool theatre festival demonstrates youth awareness of human rights issues

No additional reporting by missing journalist Ahmed Rilwan

The Interschool Human Rights Theatre Festival exhibits the high level of awareness amongst primary and secondary school pupils on different human rights issues.

The three day festival organised by the Human Rights Commission of the Maldives (HRCM) ran from September 25-27 and saw creative and extensive theatre pieces from seven schools alongside six short but thought-provoking skits by a group of volunteers from the HRCM.

Of the seven schools participating, four schools were from the capital Malé and the remaining three schools from the atolls.

All seven theatre pieces by the schools – two of which were recordings from two schools from the atolls – showed creativity in presenting different human rights issues, with different schools opting for different forms of theatre.

The winning entry featured children from Jalaaluhdheen School – in Haa Dhaalu Kulhudhuhfushi – using a traditional and effective form of theatre in which all of the scenes were presented at the same time to show human rights violations towards migrant workers.

Well laid out scenes brought to life the many situations in which migrant worker rights are violated. Unsafe working conditions, disrespectful customers at a restaurant, and a classroom scenario where the students verbally abused the foreign teacher convinced the judges to select the Jalaaluhdheen piece as the outstanding entry.

Pieces from the other schools focused on disabled people’s rights, with the runner-up entry from the Galolhu Madharsaa exhibiting a well-coordinated piece with excellent visuals, audio, before concluding with a beautiful message.

Skits by the volunteers were based on elderly people’s rights, women’s rights, and children’s rights.

While speaking to Minivan News, HRCM Vice President Ahmed Tholal said that the aim of the festival was for the students to gain a deeper understanding of human rights by actively taking part in the theatre pieces.

“We want to encourage a more creative approach to human rights compared to learning about human rights only through reading or listening material”.

The winning piece suggested the festival had been a success, with excellent awareness shown by the students of the rights of migrant workers, who are believed to amount to more than a hundred and fifty thousand individuals. It also illustrated that violations do not only occur at labor level jobs but also in blue collar posts.

The festival is also noteworthy in its high level of participation of students with special education needs such as participation from Jamaaluhdheen’ class for hearing impaired children (CHIC) and Thulhaadhoo’s Special Educational Needs class, from Baa Atoll.

The children performed on the same platform, and were judged against the same criteria, as the other schools.

The festival which was the first of its kind organised by HRCM was funded by UNICEF with collaboration with Ministry of Education. Additional sponsorship was received from Bandos Island Resort and Muni home care.

Tholal also highlighted other awareness projects which are aimed at school children such as the creation of human rights clubs within the schools and the the recent human rights defender training held at Girifushi to enable youth to facilitate sessions in collaboration with these clubs.

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Supreme Court case against HRCM undermining commission’s mandate, says MDP

The Maldivian Democratic Party (MDP) has voiced concern over the Supreme Court suo moto case against members of the Human Rights Commission of the Maldives (HRCM) regarding a report submitted to the UN Human Rights Council last week.

In a press statement released today, the opposition party said that the members of the commission were summoned to the Supreme Court because of their criticism of the judiciary the submission to the Universal Periodic Review (UPR).

“The party believes that by initiating a suo moto, the Supreme Court is undermining the responsibilities vested by the Maldivian Constitution and international conventions on the independent commission,” read the MDP’s press statement.

Speaking to Minivan News today, parliamentary leader of the ruling Progressive Party of Maldives (PPM), Ahmed Nihan, said that it is not the place of any member of the government or an independent body to criticise the Supreme Court.

Nihan noted that the commission was fulfilling its mandate by publishing the report but also said  the Supreme Court was carrying out its own duties by upholding the constitution.

Members of the commission were summoned one by one to the Supreme Court yesterday (September 22) and informed of the suo moto initiated by the Supreme Court.

The HRCM report criticised the growing power of the court, suggesting that control of the judiciary by the Supreme Court was damaging the lower courts.

HRCM members said yesterday that they were faced with numerous charges although they had been advised by their lawyer not to give further details. The members are scheduled to be present at a hearing tomorrow morning (September 24).

Article 27 of the HRCM act grants immunity from prosecution in relation to acts carried out as part of the commission’s duty unless a formal inquiry proves that some components in the report are proven to be false.

Earlier this year, Supreme Court used the unprecedented suo moto proceeding, in which the court acts as its own plaintiff and judge, in the removal of Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz.

Both were charged with contempt of court and disobedience to order as a result of testimony given to the People’s Majlis’ independent commission’s oversight committee

Through a raft of regulations enacted in recent months, the Maldives Supreme Court has sought to consolidate control over administrative affairs of the judiciary.

Changes to contempt of court regulations made in June authorised courts to initiate legal proceedings and punish individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

The court has come under criticism both home and abroad in recent months, with a sex-tape scandal and perceived interference in the 2013 presidential elections among the issues causing controversy.

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Supreme Court initiates suo moto proceedings against Human Rights Commission

The Supreme Court has initiated suo moto proceedings again the Human Rights Commission of Maldives in relation to a report submitted to the UN Human Rights Council (HRC) last week.

All five commission members were called to the court this afternoon before being handed a summons for a hearing on Wednesday (September 24).

HRCM members have told Minivan News today that they face numerous charges, though lawyers have advised them not to give further details at this point.

The commission’s report – submitted as part of the UN Universal Periodic Review – criticised the court’s growing powers, suggesting that control of the judiciary by the Supreme Court was damaging the lower courts.

“[D]ue to shortfalls in judicial system, functioning of the judiciary is often questionable on various grounds including independence, transparency, interference, influence, competency, consistency, and accessibility,” read the report.

The Supreme Court’s use of suo moto proceedings – which allow the court to initiate hearings and act as both plaintiff and judge – mirrors proceedings use against the Elections Commission (EC) earlier this year.

EC President Fuwad Thowfeek and Vice President Ahmed Fayaz were charged with contempt of court and disobedience to order as a result of testimony given in the People’s Majlis independent commissions oversight committee.

The unprecedented suo moto procedures were used to remove both Thowfeek and Fayaz from their posts just weeks before the Majlis elections in March, with both given 6 month suspended sentences.

Subsequent changes to contempt of court regulations made in June authorised courts to initiate legal proceedings and punish individuals for any expression, action, gesture, or piece of writing “inside or outside a courtroom” that could be considered contempt of court.

United Nations

The 2006 Human Right Commission Act lists the promotion and protection of human rights in accordance with international conventions along with the assistance and support of relevant NGOs as basic objectives of the commission.

Additionally, Article 27 of the HRCM Act grant members immunity from prosecution in relation to acts carried out as part of the commission’s duties.

Article 27 (b) meanwhile says that a case can only be filed against the commission regarding published reports following an inquiry which proves components of the report to have been false.

UN bodies have been amongst those most critical of the Maldivian justice system in recent months, with a report into the judiciary by a UN Special Rapporteur last year making particular note of the centralised administration and the failure to address human rights violations.

The report was subsequently described by the Maldives representative to the UNHRC as undermining the sovereignty of the country.

Criticism of the Supreme Court’s role in the electoral process by United Nations High Commissioner for Human Rights Navi Pillay last October was subsequently described as “ill-informed” and “irresponsible” by former President Dr Mohamed Waheed.

Waheed is amongst the delegates representing the Maldives at the 69th session of the UN General Assembly, along with Foreign Minister Dunya Maumoon.

Earlier this week, on the occasion of the Maldives’ 49th year of UN membership, Dunya praised the organisation as “the only forum where every nation in the world, big or small, has an equal say”.

The UNHCR’s periodic review studies the human rights records of all 193 UN member states, aiming to prompt, support, and expand the protection of human rights. After having been reviewed first in 2010, the Maldives will again undergo inspection in 2015.

Speaking to Minivan News last week after receiving her summons for today’s hearing, HRCM member Jeehan Mahmood defended the UPR report.

“It’s the one chance we get to bring the world’s attention to issues that the state chooses to ignore on domestic forums”.

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HRCM responds to criticism from the education ministry over UN submission

The Human Rights Commission of the Maldives (HRCM) has responded to criticism from the Ministry of Education regarding the Universal Periodic Review (UPR) report submitted to the UN Human Rights Council.

In a press statement released yesterday (September 21), HRCM denied the accusations made by the Education Ministry that the section on education had been based on an outdated 2008 UNESCO report, saying it had used a joint unpublished report by UNICEF and the Ministry of Gender and Family from 2009.

The Supreme Court has today initiated suo moto proceedings against HRCM members in relation to the document, while the President’s Office has this week suggested that some phrasing regarding the death penalty is misleading.

The HRCM said that the education ministry had been given the opportunity to comment on the draft of the UPR report but failed to make any recommendations.

“A draft of the report was sent to the high ranking officials of the education ministry on August 31 to comment on it. However, we did not receive any inquiries from the ministry on the validity of the data in the report nor did we receive any criticism of the report,” said HRCM.

The ministry has claimed, however, that the commission had chosen not to include information it sent in the report.

The UPR report states that, even though “corporal punishment is prohibited in schools, 8 percent of the students attending secondary schools have experienced violence perpetrated by teachers”.

The Ministry of Education argued that the statement was outdated and that no study had been done during the last six years to identify the changes in the education system.

In yesterday’s statement, the HRCM countered the argument by saying that the UPR is intended to evaluate the situation over the last four years and said that there are numerous studies which would validate the statement including the conclusions sent by international conventions.

The dispute over the report’s content comes at a time of an ongoing investigation by the education ministry and the Maldives Police Service into an alleged bullying case by a teacher at Imaaduhdheen School.

In the report, the HRCM also urged the government to pass the Education Act and to make concrete efforts to eradicate the disparities in the availability of educational services.

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Police used excessive force against demonstrators, says HRCM in UPR report

Police used disproportionate force against demonstrators during street protests in the aftermath of the transfer of power in February 2012, states the Human Rights Commission of Maldives’ (HRCM) Universal Period Review (UPR) report.

“HRCM observed during dispersal of demonstrations [Maldives Police Service] used disproportionate force which was at times discriminatory towards political parties, excessive and disproportionate use of pepper spray at protestors, inconsistency in issuing warnings before dispersal and obstruction of media,” reads the report.

“It was evident that some demonstrators were subjected to torture at the time of arrest.”

In June 2012, the Maldives Police Service (MPS) denied allegations of police brutality by Amnesty International, which had condemned the “excessive use of force” against demonstrators.

Amnesty’s statement followed its investigation of a police crackdown on a Maldivian Democratic Party (MDP) protest against the dismantling of the opposition party’s Usfasgandu protest camp on May 29 – a crackdown which included “beatings, pepper-spraying, and arrests”.

“Those attacked include peaceful demonstrators, members of parliament, journalists and bystanders,” said Amnesty.

The HRCM meanwhile recommended “action against officers who violate the laws, eliminating room for impunity.”

Last month, Attorney General Mohamed Anil told parliament that five police brutality cases from February 2012 were ongoing at court.

While it had concluded that the transfer of presidential power was constitutional, the Commonwealth-backed Commission of National Inquiry had found that “there were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

Anil explained that the Police Integrity Commission (PIC) had investigated 45 cases of alleged police brutality and made a recommendation to the home ministry to dismiss six police officers.

After the ministry instructed police to take disciplinary action against the officers, the police disciplinary board sacked one officer.

However, the disciplinary board decided there was insufficient evidence to prove wrongdoing by the other five officers and decided not to dismiss them pending the outcome of a trial.

On February 8, 2012, thousands of MDP supporters took to the streets of Malé in a protest march after former President Mohamed Nasheed declared his resignation the previous day had come “under duress” in a “coup d’etat” instigated by mutinying police officers of the Special Operations (SO).

Following an investigation, the HRCM concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning.”

Torture and prisons

The HRCM revealed in the UPR report that a total of 304 torture allegations were filed at the commission, “of which 74 allegations have been investigated from 2010 to July 2014.”

“However, none of these cases were sent to prosecution due to lack of enough evidence to prove them in a court of law,” the report stated.

On pressing issues concerning the prison system, the report highlighted “the lack of categorisation, unavailability of rehabilitation and reintegration programs, unnecessary strip‐search and disproportionate disciplinary measures towards male prisoners and minors.”

“In custodials, issue of overcrowding, handcuffing for indefinite periods, extended detention for investigation purposes and failure to collate data in a systematic way are areas suggested for improvement over the years,” the report noted.

“In the only psychiatric institution of state, despite continuous recommendations for change, geriatric patients and patients enduring mental illnesses and [persons with disabilities] are accommodated without proper categorisation. Institution for children under state care is heavily under‐staffed. Inappropriate disciplinary measures against children under de facto detention persist in most institutions sheltering juveniles.”

Gang violence and juvenile justice

The HRCM also noted that gang violence and murders “increased at an alarming rate” in recent years.

“A study shows that many of these gang related violence are linked to politicians or business persons who pay gangs to carry out violent acts. Yet, state has been unsuccessful in effectively addressing this issue. So far 21 murder cases were recorded since 2010, most of which were gang related,” the report explained.

The reasons why youth join gangs include the “search of identity and protection” and unemployment, the report noted.

“With criminal records or inability to exit gang life makes it difficult for youth to find employment, rehabilitation opportunities and remain stigmatised by society,” the report stated.

“Although, human resource, rehabilitation and support programs remain limited for proper functioning of a juvenile justice system; the lack of political will along with resource constraints impacts addressing these issues.”

Referring to new regulations on enforcing death penalty, which allow minors convicted of murder to be executed once they turn 18, the HRCM called on the state to “abolish death penalty for minors.”

“The age of criminal responsibility is 15 years and minors can be held for hadd offence,” the report explained.

“Bills such as Criminal Procedure Code, Evidence Bill and Witness Protection needs to be enacted and state is yet to establish an independent forensic institution to provide accurate information to make an impartial decision on matters concerning administration of death penalty.”
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