Tag: HRCM

Tsunami survivors still without permanent housing

President Abdulla Yameen has said 427 families who survived the devastating 2004 tsunami still require permanent housing.

During a speech on the occasion of the National Unity Day – commemorating the impact of the tsunami –  Yameen pledged to provide all families with housing in the next year.

“This government will provide housing for all those who were deprived of it with the tsunami, we will do it in 2014 according to the government’s manifesto” Yameen said.

Meanwhile, the Human Rights Commission of the Maldives (HRCM)  has said that a number of complaints were submitted to the commission by victims of the disaster in 2013. Among these were twelve cases related to damages to houses, of which five cases have been resolved.

Among them was a case involving the government asking people of Meemu Atoll Kolhufushi Island to repay the funds given for repairing damages to their houses.

The commission had also received complaints regarding lack of permanent shelter, compensation for damages caused to houses  and delays in housing projects.

HRCM President  Mariyam Azra has requested the government to take initiative in providing permanent shelter for those currently living in temporary shelters as soon as possible.

Speaking to the media today, commission member Dr Aly Shameem said he hopes the government works towards consolidating democracy and human rights by formulating an action plan as soon a possible.

“We haven’t seen the new government announcing any major policies to consolidate democracy and human rights yet, but the government have assured their full cooperation to the human rights commission,” Shameem said.

According to the Disaster Management Center, 242 individual victims of the disaster are still living in temporary shelters.

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HRCM introduces benchmark for migrant worker rights

Coinciding with the International Migrants Day, the Human Rights Commission of the Maldives (HRCM) has launched a national benchmark for protecting migrant worker rights.

The benchmark was launched by HRCM President Mariyam Azra and Deputy Minister of Human Resources, Youth and Sports Naaif Shawkath at a ceremony held at Nasandhura Palace Hotel today.

Officials from various stakeholder institutions such as the Maldives Police Service and the Immigration Department were present at the ceremony, later taking part in a forum to discuss the utilisation of this benchmark in their work.

According to the commission, the purpose of having such a benchmark is to encourage protection of the rights of migrant workers and to provide a guideline highlighting the basic human rights principles to be followed.

It is based on the constitution of the Maldives, the Universal Declaration of Human Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW) and other human rights conventions to which the Maldives is a party.

While most of these standards are already obligations on the state, the benchmark itself is not something state institutions are obliged to follow, though the commission members noted the government’s willingness to accept it.

Speaking at the launching ceremony, commission member Jeehan Mahmood said she hoped all institutions would use it as a tool for protecting the rights of migrant workers. She noted the positive response from these institutions in meetings held within past few days to discuss the benchmark’s use in their work.

Advising the government in “formulation of laws, regulations and administrative codes concerning the promotion of a high regard for human rights and the protection and sustenance of such rights” is stated as a key function of the commission in the Human Rights Commission Act.

Speaking at the benchmark launching ceremony Deputy Minister Naaif advised all relevant institutions to accept the benchmark, and thanked HRCM for developing it. He said following it will standardise the work of all institutions.

In a press release issued today, the HRCM called on the state to facilitate implementation of  the recently ratified Anti Human Trafficking Act and reiterated their call to ratify and implement ICRMW as as soon as possible. The Maldives has agreed to ratify and implement this convention on various occasions.

The HRCM has cited the issue of healthcare as major challenge for undocumented migrant workers living in Maldives. According to a video presentation given at the ceremony, such workers hesitate to see a doctor even if they can afford to.

The video also showed that, out of all complaints submitted to the commission regarding rights of migrant workers, 68 percent of cases involved non-payment of wages, unfair expulsions, and the failure to provide food and shelter. 18 percent of cases were said to concern health issues while in detention.

Among other complaints received by the commission are the withholding of travel documents and work visas, refusing leave from work, and the termination of employment contracts without prior notice.

While there is no accurate official figures of the migrant worker population in the Maldives, the highest estimates suggest that it crossed the 100,000 mark in 2011, whilst the number of undocumented migrant workers have been placed as high as 44,000.

These numbers indicate that migrant workers might now represent more than one third of the total population.

The country was this year kept on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year, with promises that demotion to the third tier would be guaranteed in 2014 without significant progress being made.

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Government and civil society highlight work needed to safeguard human rights

State institutions have both celebrated the current progress in the protection of human rights in the Maldives, as well as expressing concern about certain violations and restrictions in the field.

A series have statements accompanied the 63rd International Human Rights Day – December 10.

With this year’s Human Rights Day aligning with the Human Rights Commission of the Maldives (HRCM)’s 10th Anniversary, the independent commission held an event on Tuesday night, attended by several cabinet ministers, alongside political and civil society actors.

“It is crucial to overcome obstacles in the protection of rights guaranteed to Maldivians through the constitution and the international treaties, and for all institutions to work justly and equitably to reach this goal,” said HRCM President Mariyam Azra at the event.

Furthermore, in a statement released on Tuesday, the HRCM president stated that while the commission is pleased that human rights has become a topic openly and often discussed over the past decade, there still remains much work that needs to be done in the country to adequately protect human rights.

“What leads to the violation of rights is the lack of respect for rights. The abuse of rights committed by those in high positions oftentimes as a show of power most often affects the most vulnerable persons who are already in need of special protection. That is to say, people who are sidelined by society itself,” the statement read.

While there are state institutions mandated to protect citizens from harm and to bring perpetrators to justice, Azra commented, “as it is humans working in these institutions, a culture of treating others in a manner you would wish yourselves to be treated needs to be better established”.

She also noted that, when intervening in the case of a 15 year old rape victim being charged with fornication and sentenced to 100 lashes by flogging, the commission realised the importance of interventions even at the court proceedings stage.

“When after we intervened, the High Court overruled the Juvenile Court’s sentence on the child, we realised the importance of intervention even at the stages of court hearings. Therefore, we have now planned to conduct further work in the field after seeking cooperation from the judiciary,” she revealed.

“President Yameen has an unwavering commitment to establish a consolidated democracy”

Meanwhile, Minister of Foreign Affairs Dunya Maumoon stated that the Maldives has given “greater impetus and focus to strengthening our systems and institutions to better safeguard human rights and fundamental liberties” since former President Maumoon Abdul Gayoom began the introduction of democratic governance in the country in 2004.

While acknowledging that much work needs to be done to safeguard human rights in the country, Dunya stated, “I am pleased to reiterate the unwavering commitment of His Excellency President Abdulla Yameen Abdul Gayoom to continue the country’s journey, with greater vigour and determination, to its destination of a consolidated democracy.

She asserted that the government will focus on completing its human rights treaty reporting obligations and reducing the gaps that exist within the framework, among other related work.

She further spoke on the Maldives’ role in the UN Human Rights Council (UNHRC), emphasising among other points that the country had “always pledged to defend the Constitution, to strengthen our judiciary and independent institutions and to uphold the rule of law”.

“We have not minced our words in our calls to protect the rights of all Muslims around the world. We have stood up against Islamaphobia and risen to build the fallen bridges of tolerance and respect,” the statement read.

The minister pledged to continue the work through the country’s membership in the UNHRC and at the local level.

State must take initiative to provide justice to those who suffered HR violations: MDN

Local Human Rights NGO Maldivian Democracy Network (MDN) commended the current stability in the country, maintaining that it is the result of having an elected government in place after a politically turbulent period.

Thanking the Elections Commission for its work to defend the right to vote and the losing candidate Maldivian Democratic Party (MDP)’s Mohamed Nasheed and his supporters for their ready acceptance of electoral defeat, the NGO called on security forces and the general public to ensure that the stability in the country is maintained as a peaceful one by refraining from committing acts of violence or injustice against any persons.

“This organisation believes that it is a responsibility of the government to take the initiative to ensure justice for all those who have suffered different manners of abuse and HR violations in these past days,” the statement read.

“It is crucial that state institutions act in accordance with the recommendations put forth by the Commission of National Inquiry,the HRCM and the Police Integrity Commission after concluding investigations into the events of February 7 and 8, 2012. This will be the most important and initial step towards establishing justice,” it continued.

“It is also important to learn of the injustices against separate persons being committed by the judicial, political and social sectors currently, and to ascertain that they proceed in a just manner. We call on the government and concerned state authorities to ensure this.”

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HRCM launches investigation into allegations of police brutality against minors

The Human Rights Commission of the Maldives (HRCM) has begun investigating a case of alleged brutality and torture by police during the arrest of two minors.

“While I can confirm that such an investigation has been launched, we cannot reveal much details yet as the investigation is just in its beginning stages,” HRCM Member Jeehan Mahmoodh told Minivan News today.

Police have responded by saying that they are not aware of the case to which the HRCM is referring.

Jeehan stated that the commission had received the related complaint in the early hours of Thursday, December 5. According to her, the commission has sent an investigation team to meet with the victims within 24 hours of their arrest.

“We have observed that there are violations of some extent and are conducting investigations to identify the exact nature and level of the violations. Both the minors are male, and are of 15 and 16 years of age,” she said.

Jeehan further confirmed that both minors remain in custody, following an extension of their sentences.

“No idea who the HRCM is referring to”: Police

Police Media Official responded that they do not know which case or which detainees the HRCM is referring to, stating that they had not received any inquiries about the matter from the commission to date.

“I have no idea who the HRCM is referring to in these allegations, or which case they are speaking of. We have not received any complaints of ill-treatment or torture from any detained persons. Hearing about this issue, I have called up a number of authorities last night, and yet no one has been able to confirm which case is being referred to here,” the official stated.

“While the HRCM says they have attended the case within 24 hours of the arrest being made, this is still not enough information for us to identify the case in question. Within those 24 hours, we have brought multiple minors under arrest, some of these are even from distant atolls,” the media official explained.

“The HRCM is permitted to visit any detainees at any time, and I suppose that is what they are doing, and it is they who will probably release reports on the matter. So far, the commission has neither contacted us about the issue, asked for clarifications, nor made any inquiries,” he said.

Police Integrity Commission’s Secretary General Fathimath Sareera was not responding to calls at the time of press.

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Fornicating couple sentenced to 18 months jail, 25 lashes for self-made sex video

The Criminal Court has sentenced two consenting adults to 18 months in jail and 25 lashes for videoing themselves engaging in extramarital sex.

Aseel Ismail and Mariyam Sana were arrested in April 2011 after a police raid found CDs and photos in which the couple appear to engage in extramarital sex.

Aseel is currently serving a seven year jail term for assault and Sana is facing trial for drug abuse and alcohol consumption.

The Criminal Court on Wednesday sentenced the two to six months in jail and 25 lashes for fornication and issued an additional one-year jail term for producing pornographic material.

Meanwhile, renowned Quran reciter Hussain Thaufeeq has been sentenced to six months banishment and 15 lashes for sexually abusing children. However the Criminal Court suspended the sentence for three years, on the grounds it was the Qari’s first offence.

Thaufeeq was arrested in August 2010 on multiple charges of child sexual molestation with “some cases going a long time back,” police said at the time.

Thaufeeq’s students had also submitted a petition to the Human Rights Commission of the Maldives (HRCM) asking the commission to investigate the matter

Thaufeeq hosted a daily Quran teaching program on Television Maldives (TVM) for school children every evening after Isha prayers. He also led Friday prayers and conducted sermons.

He is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

Under the Child Sex Offenders (Special Provisions) Act of 2009, the penalty for child sex abuse is 10-14 years but can be extended to 15-18 years if the accused was in a position of trust with the children he allegedly abused.

However, it appears Thaufeeq has been charged under a different regulation criminalising fornication and sexual misconduct.

The Criminal Court was not responding to calls at the time of press.

In August this year, a 15-year-old girl who faced 100 lashes after she was raped by her stepfather had her sentence overturned following an international campaign.

The Juvenile Court in September sentenced a 17 year old boy to four months in prison after he kissed a 16 year old girl in a court waiting room. The girl was sentenced to four months house arrest.

Meanwhile, a series of sex tapes in which Supreme Court Judge Ali Hameed appears to be having sex with several unidentified foreign women were leaked in July, but the judicial oversight body voted not to take any disciplinary action citing lack of evidence. The Judicial Services Commission (JSC) continues with the investigation.

According to a 2007 UN study, one in three women in the Maldives experience physical and /or sexual violence at some point in their lives. Further, one in eight women reported they had experienced childhood sexual abuse, the study said.

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Human Rights Commission alleges police intimidation of its staff

The Human Rights Commission of the Maldives (HRCM) has alleged that the police are attempting to intimidate commission staff members following the start of its investigations into what they maintain is police obstruction of the October 19 presidential election.

“The commission believes that what we are facing now is serious, unprecedented and unjustifiable intimidation from the police. We will continue the investigation, while also ensuring that we continue protecting every one of our team members,” HRCM member Jeehan Mahmoodh has told Minivan News.

Jeehan stated that, after criticising the police for acting outside of their mandate when obstructing the Elections Commissions (EC) efforts to conduct the presidential election on October 19, they have been facing what the commission believes to be attempts by the police to intimidate its staff.

Jeehan said that the police had requested the HRCM provide “complete details” of the staff members who witnessed the police’s actions outside of the EC on the morning of October 19.

“In the history of HRCM, we have never before had such a request, where details of individual staff are asked for in relation to an investigation. This just cannot be done,” Jeehan said.

“We responded, invoking Article 27 of the HRCM Act and informed the police that the commission will not compromise the safety of any of our staff members. We also explained that as this is an ongoing investigation we cannot compromise it by providing detailed information regarding the matter,” she continued.

Article 27 of the HRCM Act has two parts, with part (a) stating that, “No criminal or civil suit shall be filed against the President or Vice- President or a member of the Commission in relation to committing or omitting an act in good faith whilst undertaking responsibilities of the commission or exercising the powers of the Commission or the powers conferred to the Commission by a law”.

Part (b) of the same article says “The Commission can only be questioned or a suit can be filed against the Commission in court regarding a component in a report published by the Commission following an inquiry, should sufficient evidence be available to prove the component is false”.

Speaking out on human rights violation is our duty: HRCM

After Commissioner of Police Abdulla Riyaz tweeted saying, “HRCM to seek information after findings revealed!!”, Jeehan’s response echoed the HRCM statement released following the police’s initial suggestions that the HRCM had not made a balanced assessment.

“This is definitely not the first time HRCM has made comments in the instance that we observe a breach of human rights, regardless of who the instigators are. If a human rights violation becomes apparent to the commission, then we have both the right and the responsibility to promptly share this with the general public,” she said.

“For instance, after the events of February 8, 2012, HRCM immediately made a public initial statement on the matter…The police are well aware this is the norm,” she continued.

“Putting it in a different context, let’s say the police see a crime being committed, and arrests a person red-handed at the crime scene. They don’t wait for their full investigation to end, and nor does their investigation end there. But since they saw it happen, they get to make a stand. Similarly, when it is evident that a human rights violation has been committed, the commission will take a stand,” she said.

October 19

Jeehan also spoke to Minivan News about the HRCM’s work on October 19, the date intended for a fresh round of elections after the initial September 7 poll was annulled by the Supreme Court.

“Our team – it’s full strength including the commissioners – was on duty by 5:30am on October 19, as we were ready to carry out election observation. We then received reports of police obstructing EC officials, and immediately dispatched investigators to the EC offices. Our staff spoke with the EC Secretary General Asim Abdul Sattar, as well as a number of police officers there. Thereby, our staff are witnesses to the events that took place that day,” she explained.

“HRCM Vice President Tholal was in charge as Commission President Azra was away on hajj pilgrimage. Tholal tried multiple times to reach the police focal point – incidentally the same as the focal point for the EC – Assistance Commissioner of Police Ali Rasheed by phone, and finally sent a text message. ACP Rasheed did not respond to even the text until nearly midnight,” Jeehan continued.

“Tholal then called the Acting Home Minister [Ahmed Shafeeu], who is in effect the oversight over the police force. He asked the minister, and I quote, “why have police obstructed elections?”. The Minister informed us that the obstruction is not a police initiative or decision, and that they are following orders after much deliberation. Contrary to some media reports, the Home Ministry’s statement did not deny our claims that we contacted him and got this response, but rather confirms it,” Jeehan said.

“Police did not act in their own accord”: Home Minister

A press statement of the Home Ministry reads, “As the letter sent by the HRCM to the Police alleging that the police obstructed the elections scheduled for October 19 reveals that when they contacted the Acting Home Minister via phone and asked him why police had obstructed elections, he responded that the police had not acted out of their own accord but on orders that they had received, this ministry feels we must clarify what happened.”

“On the 19th of this month, in a phone conversation, Vice President of HRCM Ahmed Tholal asked why the police had acted in a manner against the government’s statement that it will provide cooperation to holding the election.”

“In response, the Minister had said that the police had not acted on their own accord, and that it had been in accordance with the advice of the relevant government bodies which was based on the verdict of the Supreme Court,” the statement concluded.

Police asks HRCM to identify officers they spoke with on October 19

Jeehan said that the police had also requested the HRCM provide identification details of the police officers that the commission’s investigators had spoken with on the morning of October 19.

“This is information that the police must have. They ought to know which of their officers they dispatched there, and what they did in their line of duty. That was the commission’s response to them, shouldn’t they know who it was?” Jeehan asked.

Jeehan also said that the commission has requested the police to provide an incident report on the events of October 19, as well as copies of all communication they have exchanged with any other institution after the date of the initial annulled election.

“It isn’t at all like the police are claiming on various media. We are not asking for information after reaching a conclusion. We made that initial statement that police obstructed elections based on our observations, and the fact that our staff were witness to it. We are now conducting a procedural investigation of the matter,” Jeehan explained.

“Furthermore, we have asked for copies of any communication between the police and any other institution from beyond the date of the obstructed election for an investigation that is based on other additional information we have received. We cannot yet reveal the details of this as it may compromise the investigation, but it will be made public upon completion,” she continued.

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HRCM has complete confidence in Elections Commission, says acting chair

Human Rights Commission of Maldives (HRCM) member Ahmed Tholal – currently acting chair or president – has told local media that the commission had complete confidence in the Elections Commission’s (EC’s) ability to conduct the upcoming presidential election freely, fairly and in a transparent manner.

The remarks come after the HRCM issued a press release on Thursday (October 10) stating that a letter has been sent to the EC concerning alleged “discrimination” in taking measures against political parties for illegal activities.

“As the Elections Commission is an independent state institution, [the HRCM] urged [the EC] to not discriminate among political parties and treat all parties equally when issuing warnings and taking measures concerning an illegal activity,” the press release stated.

While Tholal declined to comment about the HRCM’s letter, newspaper Haveeru reported that the letter was sent by commission member Ahmed Abdul Kareem without the knowledge of the other members.

HRCM regulations require that such decisions are made with the participation or vote of all members.

“We noted in our report after the election that it was conducted well. So we have that confidence this time as well. HRCM is ready to provide cooperation required by the Elections Commission at this stage,” Tholal was quoted as saying.

He added that the HRCM did not have any concerns or dissatisfaction with the EC.

Speaking at a press conference on Friday (October 11), EC Chair Fuwad Thowfeek said two members of the HRCM contacted him, apologised and explained that the press statement was issued by just one member without the knowledge of the rest.

“The two members have said they condemn the act as it was done without their knowledge,” Thowfeek said.

He added that HRCM Chair Mariyam Azra was currently out of the country as well.

“So we don’t find it easy to accept what just one member said because two members have informed me that it wasn’t a decision made by the Human Rights Commission,” Thowfeek said.

The two HRCM members told Thowfeek that they were “ashamed” because of the sole member’s personal antagonism.

Kareem has however denied the allegation that the letter was sent without the knowledge of the other members, claiming that the decision was made following consultation among the five members regarding a number of complaints against the EC.

While the letter was signed by Kareem alone, he claimed that the decision to send it was approved by a majority of the commission.

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HRCM calls on authorities to ensure inmates are able to vote

The Human Rights Commission of the Maldives (HRCM) has issued a statement calling on authorities to ensure that inmates detained at state penitentiaries and police custody are able to vote during the presidential election.

The HRCM stated that the police, human rights and Gender Ministry as well as the Department of Penitentiary and Rehabilitation (DPRS) should complete the things they have to, in order to make sure all persons detained in their facilities are able to vote.

The commission said it had sent a letter to the Supreme Court to discuss the verdict regarding the issue.

On September 5, a source within the Maafushi Prison told Minivan News that more than 200 inmates were not registered to vote because they do not have national identity cards. The source claimed that inmates have to pay the prison department to renew their ID cards but that there are inmates in the cells who have no way to get money.

He said that inmates have contacted politicians and been told it is  the responsibility of the Home Ministry to make ID cards for all the inmates who do not have them.

The source also claimed that inmates have complained about both the Prison Department and the Home Ministry stealing the money the government had given them to get ID cards for inmates.

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HRCM condemns post-election political unrest

Human Rights Commission of the Maldives (HRCM) has released a press statement condemning the current cases of political unrest occurring in the Maldives following the first round of the presidential elections held on September 7.

“HRCM condemns the use of inhumane rhetoric which is against national interest and provokes unrest in the community, calls to cause harm to people, the damaging of peoples’ property and campaign offices of political parties,” the statement read.

“The commission also strongly condemns the acts of physical violence, the use of inappropriate language, the damaging of state property, and other acts by members of parliament which demeans the respect and dignity of the parliament in the parliamentary session held on September 23.”

“While freedom of expression and freedom of assembly are important rights guaranteed by the Constitution of the Maldives, this commission advises all persons to exercise these rights within the limits outlined in the constitution and laws. This commission also calls out on everyone to refrain from any actions which may give rise to discord or unrest,” the statement concluded.

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