Tag: HRCM

Health sector unprepared for potential HIV outbreak, warns HRCM

The health sector is unprepared for a potential outbreak of HIV in the Maldives in the absence of prevention programmes and specialised care for population groups at risk, the Human Rights Commission of Maldives (HRCM) has warned.

“[The Health Protection Agency] mandated with HIV/AIDS prevention/control is not adequately funded and lacks capacity to lay down such a system,” reads the HRCM’s submission for the UN Human Rights Council’s Universal Periodic Review.

“There are no prevention services for high risk groups, increasing the risk of spreading HIV. High risk factors including sharing of needles to inject drugs, high sexual activity among adolescents and youth could contribute to an increased prevalence of HIV/AIDS. It is alarming that there is no screening system for HIV/AIDS and STI in the prison system; considering some of the identified HIV patients go in and out of prison as repeated offenders.”

In May, the health ministry issued new guidelines on preventing the transfer of HIV from mother to child while the Health Protection Agency warned of an HIV “time bomb.”

A series of protests over regional healthcare services occurred earlier this year after it was revealed that the state-run Indira Gandhi Memorial Hospital (IGMH) had transfused HIV positive blood to a patient in February due to an alleged technical error.

The HRCM report also noted that health services were “not easily accessible and available in atolls and lack healthcare professionals such as gynaecologists and paediatricians.”

“Public has no trust in the healthcare system due to many avoidable health incidents and sensitive medical information of patients being leaked,” the report stated.

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HRCM raises concern over growing religious conservatism in Universal Period Review

The Human Rights Commission of Maldives (HRCM) has submitted its Universal Period Review (UPR) report to the United Nations Human Rights Council (UNHRC), raising concerns over a growing tide of religious conservatism.

“There are roughly 400 children being withheld from attending school by their parents due to religious beliefs,” revealed the report made public yesterday, referring to an estimate from the education ministry in a 2011 assessment by the HRCM on child participation.

In a section titled ‘religious extremist ideologies,’ the HRCM referred to “reports of unregistered marriages encouraged by some religious scholars claiming that registering marriages with the courts are un‐Islamic and unnecessary.”

“State institutions acknowledge this information and raised concerns that children born to such marriages could face serious legal issues. Similarly women in such marriages are bound to face social and legal consequences,” the report stated.

“Conservative beliefs that promote women as inferior to men are being spread at an alarming level. Many women believe that their role in society is to be submissive wives and in raising children.”

In addition to outlining 18 thematic areas, the report provides updates on implementation of recommendations of the first UPR review in 2010, the HRCM noted.

The UPR is a state-driven process that reviews the human rights records of all 193 UN member states every four years, based on submissions by the government, the UN, NGOs and human rights commissions. The Maldives’ review is scheduled to take place in April or May 2015.

Conservatism

“Increase in religious conservatism, cultural norms and stereotypical roles depicted by society inhibit women’s equitable participation in public life,” reads the section on women’s rights.

“Women remain under represented in all branches of the state and efforts to secure legislative quotas remain unsuccessful.”

The enforcement of the anti-Domestic Violence (DV) Act was meanwhile hampered by absence of procedures, inconsistencies in application by institutions, and “lack of sensitivity among law enforcement and judiciary”.

The police also failed to meet a legislative deadline on submitting a report to the family protection agency (FPA), the report noted.

“Limited capacity of investigators and their belief that such cases are family matters inhibit victims from getting redress,” it continued.

“FPA with a mandate to combat DV is not provided with necessary financial and human resources. Reporting of DV cases remain low as a result of lack of confidence in the system, fear of intimidation by perpetrators, stigmatisation and inadequate information on protection measures. There is no proper reintegration mechanism.”

Despite reports to the contrary from the state for the mid-term assessment of implementation of UPR recommendations, the HRCM said there were “no strict punishments to perpetrators of DV”.

The report observed that children born out of wedlock faced discrimination.

“Paternity testing is not admissible evidence in court and such a child would be denied father’s name, inheritance and child maintenance,” it stated.

While most reported cases of child abuse did not result in convictions, victims often “remain re‐victimized due to systemic failures” including “delays in obtaining evidence and overly strict evidentiary requirements.”

“The legal age of consent, along with societal attitudes to treat child abuse as private matter or to force child abuse victim to deny testimony in court to protect family honour as perpetrator is usually a family member providing financial support are factors that cannot be disregarded,” it explained.

“Moreover, state has fallen short to publish child sexual offender‘s registry. Additionally, overall functioning of victim support system is effected due to a weak child protection system that is under resourced, with inconsistencies in capacity and coordination.”

The report also noted that child marriages were registered in some cases as “the Family Act allows marriage of minors under specific conditions.”

Children were also “involved in commercial sex work,” the report noted.

“Many children migrate to Malé from atolls for education, remain vulnerable to domestic servitude and sexual harassment by host families,” the report stated.

Civil and political rights

The report noted the absence of laws to guarantee freedom of expression despite its assurance in the Constitution.

“Parliament Privileges Act can be used to force journalist to reveal their source, which could undermine the constitutional protection that journalists currently enjoy,” the report observed.

“There have been many reports of death threats to media persons and parliament members. State is yet to take realistic action to address these threats. The recent disappearance of Ahmed Rizwan Abdullah, a journalist and human rights advocate is of critical concern.”

The HRCM also raised concerns regarding the Freedom of Assembly Act, including “provisions of geographical limitations, lack of guidance on control of counter assemblies and requirement to accredit reporters.”

Human rights NGOs have faced intimidation from the state, it continued, while worker’s association perform the role of trade unions.

“Union members face numerous difficulties in exercising collective bargaining, tripartite consultations and work stoppage, as proper legal mechanism is not in place for dispute resolution,” the report stated.

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Three Bangladeshis charged in first criminal prosecution for human trafficking

Three Bangladeshi men are on trial at the Criminal Court in the first criminal prosecution for human trafficking in the Maldives since the enactment of Anti-Human Trafficking Act in December.

The three Bangladeshi nationals identified by the court as Baadshah, Abdul Malak and M D Saim Mohla are accused of trafficking a Bangladeshi woman who arrived in the Maldives in December to work as a house maid.

The three defendants could face 10 years in jail if they are convicted.

M D Saim Mohla is also facing charges of possession of pornographic material, which were found on his phone when he was arrested.

In June, the Maldives was removed from the US State Department’s tier two watch list for human trafficking following the passage of the legislation last year.

In a report submitted to the UN Human Rights Council and made public yesterday, the Human Rights Commission of Maldives (HRCM) recommended “concerted efforts” to enforce the law.

“There are countless reports of exploitation of migrant workers through fraudulent recruitment practices by their agents, withholding of wages and confiscation of passports,” the report stated.

“Shelters to accommodate trafficking victims and support services are not operational. Lack of resources and capacity appear to be a challenge faced by authorities in establishment of institutional mechanisms and to implement the Anti‐Human Trafficking Act. Thus efforts to facilitate redress to victims remain disproportionate to a deteriorating situation.”

In a section on migrant workers, the HRCM noted that expatriate workers were often subjected to “inhumane conditions like being accommodated in overcrowded places which lack proper ventilation, adequate sanitary facilities and limited accessibility to water.”

“Maltreatment and negative attitudes towards migrant workers are a concern. Accessing services from [Labour Relations Authority] is a challenge for migrant workers based at atolls due to transportation difficulties as many remain reluctant to seek assistance for fear of deportation due to undocumented status.”

The HRCM also recommended ratification of the International Convention on Migrant Workers.

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Supreme Court controls the judiciary, says HRCM report to United Nations

The Maldivian judiciary is controlled and influenced by the Supreme Court to the detriment of superior and lower courts, states the Human Rights Commission of Maldives’ (HRCM) report to the United Nation’s Human Rights Council’s Universal Period Review (UPR).

“Judicial system is controlled and influenced by the Supreme Court, weakening judicial powers vested in other superior courts and lower courts,” the HRCM contended.

“Supreme Court issued a circular ordering all state institutions not to communicate to individual courts regarding any information relating to the judiciary except through the Supreme Court. HRCM is facing difficulties in gathering information related to judiciary due to lack of cooperation.”

The UPR 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.

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

The new regulations require Supreme Court approval for judges seeking transfer to a different court and the court’s permission for judges and judicial employees to attend overseas workshops, seminars, conferences, or training programmes.

In May, the Supreme Court enacted new rules stipulating that the Department of Judicial Administration (DJA) – tasked with management of the courts and public relations as well as providing facilities, training, archiving systems and security for judges – will function in accordance with policies set by the apex court bench and under the direct supervision of a designated justice.

Former Judicial Service Commission (JSC) member Aishath Velezinee told Minivan News at the time “the appointment of a Supreme Court judge to [oversee] the DJA is tantamount to control of the courts.”

In a comprehensive report on the Maldivian judiciary released in May 2013, United Nations Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, wrote that centralising administrative decisions in the hands of the Supreme Court “has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes.”

She also referred to “several complaints about internal tensions in the judiciary, where lower courts are left with the feeling that the Supreme Court only works for its own interests, without taking into account the situation of other judges and magistrates.”

Access to justice

In the ‘access to justice’ section of its report, the HRCM noted that the enforcement of a new penal code would be “a positive development towards a better legislative framework.”

“However, due to shortfalls in judicial system, functioning of the judiciary is often questionable on various grounds including independence, transparency, interference, influence, competency, consistency, and accessibility,” the report observed.

“State responded to UN Special Rapporteur on the Independence of Judges and Lawyers as trying to undermine the country’s court system. [International Commission of Jurists] has issued a number of recommendations to build competency of judiciary with no progressive action by the state,” it continued.

“According to [Transparency Maldives], majority of public lack confidence in the court system. Majority of cases, both criminal and civil, often get delayed for more than a year, and is prosecuted in the capital which forces plaintiffs and defendants from atolls to travel to and stay in capital, which is costly.”

The HRCM recommended implementation of recommendations by both the Special Rapporteur and the ICJ as well as codification and harmonisation of Shariah law and common law in accordance with the Constitution.

“Enact important laws leaving no room for inconsistencies in judicial decision making,” read the recommendations.

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HRCM uncertain as to state’s actions in Rilwan case

The Human Rights Commission of Maldives (HRCM) has again suggested that authorities are not doing enough in the search for missing Minivan News journalist Ahmed Rilwan Abdulla.

After seeking updates on the case from both the the foreign minister and attorney general on August 19, the HRCM noted that it had not seen “any further efforts from the state following the appeal”.

“The commission brought Ahmed Rilwan Abdulla’s case to the attention of the Special Rapporteur on Human Rights Defenders and the Special Rapporteur on Freedom of expression through the UN’s special procedures, and the commission has been monitoring the state’s actions in the case of [Rilwan’s] disappearance,” read today’s statement.

Today’s statement said that HCRM members had met with police on August 28, urging them to use all resources to expedite their investigation.

Before working for Minivan News, Rilwan had been an employee of the HRCM between 2010 and 2012.

Calls to speed up the search for Rilwan – last seen on the Malé-Hulhumalé ferry in the early hours of August 8 – have been echoed by numerous international groups, including the UN and Reporters Without Borders.

Neighbours reported seeing a man fitting Rilwan’s description being forced into a vehicle outside his apartment at around 2am on August 8.

The most recent update from police came last week when Police Commissioner Hussain Waheed explained that 80 statements had been taken after questioning nearly 200 people.

Waheed also explained that multiple locations around the capital had been searched, including the lagoon around Hulhumalé, while nearly 300 hours of CCTV were being analysed.

Minivan News also learned last week that the passports of four men were being held in relation to the disappearance.

Working ceaselessly

“As it has been 26 days since Ahmed Rilwan Abdulla disappeared without a trace, the commission has been ceaselessly doing all it can,” read today’s HRCM statement.

Friends and family of Rilwan, also known to his twitter followers as moyameehaa, have also been campaigning tirelessly for greater action on the part of authorities.

Rilwan’s mother has urged all families of victims of violent crime to work together to ensure justice, calling for meeting to be held for all those affected by such incidents in Malé City Hall tonight at 9pm.

“It is the Maldives Police Services tasked with protecting our children and us. It is the courts tasked with ensuring justice for us in times of injustice,” said Aminath Easa in an open letter this week.

“However, we have to work together to expedite their services and hold them accountable,” she continued.

After demonstrating against the People’s Majlis’ failure to adequately address the issue, campaigners have collected over 4000 signatures on a petition calling on relevant authorities to provide answers to question that remain outstanding due to perceived police negligence.

Media groups have also provided a united front in the search for Rilwan, coordinating closely with campaigners to raise awareness of the disappearance.

Additionally, journalists representing all private outlets have jointly expressed grave concern over what they believe to have been an abduction, calling for an end to the persistent intimidation of the press.

Raajje TV’s staff yesterday donned black and blurred presenter’s faces on news segments regarding the disappearance as a show of support for the #findmoyameehaa campaign

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Immigration detains 58 migrant workers in Laamu Gan

58 people were detained from Laamu Gan by the Department of Immigration and Emigration (DIE) yesterday as the government’s special operation to deport undocumented migrant workers continues.

“This operation will continue, that was the number of people we could transport yesterday. As soon as we get seats from a boat travelling to Malé, more people will be taken in,” said Laamu Gan Council President Ahmed Salah.

The council led the operation alongside the DIE, the Maldives Police Services (MPS), and the Maldives National Defence Force (MNDF).

“This [the operation] is good for the island and for the country as well. This will create a lot of job opportunities for Maldivians,” said Salah.

While the most common type of work conducted by immigrants on the island is agriculture and fisheries, some are engaged in other occupations such as masonry, odd jobbing, and working in restaurants. Maldivian laws prohibits both fisheries work and self-employment for expatriates.

Salah estimated there would be around five hundred migrant workers on the 5000-strong island, most of whom he suggested were undocumented, and some of whom had fled the island during the operation.

He also noted that some of the workers taken in during the operation had valid visas but were considered undocumented as they were either not doing the work their visas were issued for, or were working for a different employer.

Impact

The main reason for having such a large migrant worker population on the island was their low wage demands compared to what is expected by locals, explained Salah.

“People give them around MVR2000 [per month] and an additional MVR500 for food and provide them with accommodation. There are so many of them on fishing boats and doing agricultural work,” he added.

According to the council president, migrant workers rent houses with each of them paying around MVR150 each day – agricultural workers live in small huts built on their fields, and fishermen live on their boats.

Following the council’s recommendations on behalf of the public, DIE has agreed not to take any action against locals who employ undocumented workers, Solah said.

“People are employing migrant workers like this because the implementation authorities have allowed them to do so. So we are requesting immigration to at least not to fine them [local employers], and let this time be a warning and show some leniency. So no fine have been imposed on the employers,” he explained.

Prior to the current operation, the immigration department conducted a  voluntary repatriation program, offering leniency for undocumented migrant workers who wished to return to their home countries voluntarily at their own expense.

The current programme was announced in April by the Minister of Defence and National Security Mohamed Nazim – also head of the Immigration Department – who promised that “within three to four months the whole Malé will be cleaned”.

According to Nazim the priority would be to deport those detained in the operation as soon as possible.

Earlier this month 33 undocumented workers were detained as part of this nationwide action, although Minivan News was unable to obtain a comment from the immigration department regarding the operation’s specifics.

Human Trafficking

The Maldives was recently removed from the US State Department’s tier two watch-list for human trafficking after remaining on it for four consecutive years, narrowly avoiding international sanctions.

While the 2014 US State Department’s Trafficking In Persons (TIP) Report highlighted the recently enacted anti-trafficking law and the opening of a shelter for victims of trafficking, the report noted that there are “serious problems” in enforcing the law protecting victims.

Some of these problems highlighted in the report include lack of procedures to identify victims among vulnerable populations, and inadequate training for officials.

The report further stated that “the government penalized some victims for offenses committed as a result of being trafficked and also deported thousands of migrants without adequately screening for indications of forced labor.”

These concerns were echoed by Human Rights Commission of the Maldives (HRCM) Jeehan Mahmood.

“In the absence of victim identification guidelines it is very likely that victims of human trafficking would be taken in during such operations, because there is no clear way to identify if such a person is a victim or not,” she said.

Jeehan did, however, note that the anti-trafficking steering committee established under the new counter trafficking act had already drafted a national guideline of internationally accepted standards.

She highlighted the need to criminalise human smuggling along with trafficking, explaining that the HRCM has proposed to amend the law for this purpose.

“The two are very different, it is an issue of consent. So there should be a specific definition for this. It is very important for the State to understand this. And without a clear definition a victim of trafficking could be prosecuted for that,” she said.

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Human Rights Commission VP calls for state response to abductions

Human Rights Commission (HRCM) Vice President Ahmed Tholal has called for an immediate state response to reports of a series of vigilante attacks in the capital over recent days.

“The concern to me is that there needs to be a state response to state very clearly that we cannot just start labelling people un-Islamic as it’s a very dangerous thing,” said Tholal.

After multiple accounts of the abductions and assault of individuals perceived to be supportive of atheism or homosexuality, the HRCM plans to meet with state representatives in order to determine the cause for these events.

“I think the issue of safety of paramount. We’re not very clear why this is happening,” said Tholal. “But I think the key role is what the state response is going to be and putting an end to the speculation – to let the people know what is happening.”

After reports that senior government members met with citizens concerned about the harassment of Islam in the days before the attacks – some of whom have subsequently been linked with the abductions – Minivan News has been unable to obtain a response from the relevant authorities on this issue.

The vigilante group was believed to have been attempting to identify members of online secularist groups – some of which had repeatedly featured content defaming and mocking the prophet.

Freedom and responsibility

Tholal noted that the incidents had raised issues regarding freedom of expression but also the responsibility inherent in the enjoyment of that freedom – noting that the state should take action against criminal activity.

“It’s not just about people who are expressing these opinion,” said Tholal. “For one thing, the freedom of expression is highly sacred, and at the same time so is responsibility.”

Article 27 of the Maldives constitution grants the right to freedom of expression in a manner that is not contrary to any tenet of Islam.

Police began investigations into anti-Islamic comment posted on the ‘Maldives Atheists’ Facebook page in March this year, although no arrests have as yet been made.

Expressing his fear that Maldivian society was becoming less tolerant of diverse opinion, Tholal noted that people’s freedom of expression must be based on understanding rather than intimidation.

“Reinterpretations should be based, not on fear, but on an understanding that there are things you cannot say as they might hurt people or be hateful or incite violence,” he said.

Self-censorship

Ismail Hilath Rasheed, a self-exiled blogger who was subjected to multiple attacks as a result of his outspoken calls for freedom of expression has also suggested greater tolerance is needed across Maldivian society.

“Freedom of expression should not be abused as to lead to anarchy and chaos. Such a balanced equilibrium can be obtained only through granting minority rights, which means the sorely missing secularism in the context of Maldives.”

“This is where we need to build bridges – a bridge to gap the gulf between moderates and extremists on all sides,” said the former journalist.

Hilath has suggested that many Maldivians – including himself – were now refraining from expressing themselves due to the current climate of fear.

“With the liberal community now opting to refrain from exercising their right to free expression, the Maldives as a culture and society will plunge into an abyss unless the powers that be give them the courage to come out and contribute to society’s collective creativity, and express free expression without fear,” he said.

A landmark ‘Threat Analysis Report’ by the Maldives Broadcasting Commission earlier this year found 84 percent of journalists surveyed had been threatened at least once, with 27 percent noting a reluctance to cover certain topics.

Journalists identified political parties to be the top source of threat, while gangs and religious extremists – both alleged to have been involved in recent attacks – were next on the list.

Other than coverage of a Maldivian Democratic Party press release expressing concern over the incidents, local media has not reported on the succession of attacks.

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HRCM urges state to refrain from prosecuting children coerced into crime

With additional reporting by Daniel Bosley

The Human Rights Commission of the Maldives (HRCM) has noted the increase of child participation in serious crimes, stating that children coerced or forced into committing such crimes should not be prosecuted.

“It has come to our notice that children are taking part in serious crimes of late. As children are persons who are sometimes unable to reflect on their situations and judge wrong from right, the number of children who realise they are committing a crime will be few,” the commission said.

The HRCM described it as “unacceptable that some adults are coercing children to commit crimes so that they can remain safely in the background and free of legal repercussions while it is the children who are prosecuted for these crimes.”

“Crimes involving children must be fairly investigated, and those who coerce the children to commit those crimes must be duly prosecuted and brought to justice,” the statement continued.

The participation of young people in Malé’s prominent gang culture has been well documented, as have the links between organised crime and powerful local politicians and businessmen.

Police Commissioner Hussain Waheed also noted the increase in child offenders, stating that theft, assault, drug abuse, and mugging were the most common crimes into which children are coerced.

Waheed spoke of the importance of organising a national level movement to bring an end to children being forced to participate in criminal activity.

The HRCM called upon parents to be mindful and for the relevant state authorities to raise the rights of the child as their highest priority.

The commission’s statement – released on the occasion of Children’s Day – followed the government’s introduction of regulation enabling the reintroduction of the death penalty last month, which allows for the sentencing of juvenile offenders once they turn 18.

Urging repeal of the new regulations, the spokesman for the Office of the High Commissioner for Human Rights, Ravina Shamdasani, has said that such “deeply regrettable” practices contravened international law.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Shamdasani.

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HRCM urges state to ease access to information

In conjunction with World Press Freedom Day, the Human Rights Commission of the Maldives (HRCM) has called on the state to ease journalists’ access to information.

Journalists have rated difficulty in access to information as the second biggest obstacle to media freedom in the Maldives, according to a recently published report by the Maldives Broadcasting Commission (MBC).

The HRCM today called on the state to implement January’s landmark Right to Information (RTI) Act. The RTI act (Dhivehi) aims to widen and improve the scope for the citizen’s rights to information in order to increase transparency and accountability.

Noting increased threats to press freedom, the HRCM said: “[Reporters must] be able to work with independence, without intimidation or threat to bring stakeholder attention to social issues.”

In addition, the HRCM also called on all reporters to practice ethical journalism: “[M]edia reports must stay within social norms and respect everyone’s rights.”

The RTI act was ratified by President Abdulla Yameen earlier this year in January 2014, and must come into effect within six months of ratification.

At the time, the move was hailed by advocacy NGO Transparency Maldives as a “major step forward for good governance and transparency.”

Under the act, an appointed Commissioner has the power enforce a fine on information officers who deliberately refuse access to information. Such a fine may not exceed MVR5000 (US$324).

The Commissioner may also fine any individual who destroys requested information, obstructs a public authority or the Information Officer’s from providing access to information. Such a fine may not exceed MVR25,000 (US$ 1621).

The act also provides protection to whistleblowers if the whistleblower publicises information regarding corruption or breach of the law.

Despite positive steps forward, in February 2014, the Maldives dropped to 108th place in the Reporters Without Borders (RSF) Press Freedom Index for 2014, marking a decline in press freedom for the third consecutive year.

The MBC’s “Threat Analysis Report,” found that 84 percent of journalists surveyed reported being threatened at least once, while five percent reported being threatened on a daily basis.

Journalists identified political parties to be the top source of threat. Gangs, religious extremists and parliament placed second while the government was rated third.

Previous attacks on the press that illustrate these findings include prominent Maldivian blogger and journalist Ismail ‘Hilath’ Rasheed, who survived a murder attempt earlier in June 2012, suffering stab wounds to the neck.

Furthermore, opposition aligned broadcaster Raajje TV reporter Ibrahim ‘Asward’ Waheed nearly beaten to death in February 2013, whilst the station’s offices and equipment were destroyed in an arson attack in October.

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