Tag: HRCM

Transparency Maldives reveals election day plans

Transparency Maldives has revealed details of its election observation plans, involving over 400 volunteers working throughout the country on polling day.

At a press conference this morning, the anti-corruption NGO revealed the extent of its operation – the only “non-partisan and independent observation” program being conducted by a domestic organisation on September 7.

“Transparency Maldives will be covering the election more extensively than anyone else,” said Transparency Maldives’ Program Manager Thoriq Hamed.

He explained that after conducting observations in three national polls since Transparency Maldives’ founding in 2007, this year’s operation was the most comprehensive.

Over 400 volunteers and trained observers will spread across 20 atolls this Saturday, placed randomly on islands in a method used in many other countries.

All volunteers have signed an ‘integrity pledge’ which amalgamates domestic and international election observation standards.

Transparency’s plans have been devised with the assistance of Dr Neil Nevitte, Professor of Political Science  at the University of Toronto and Senior Election Advisor at the National Democratic Institute for International Affairs.

When asked about the case recently filed against the Elections Commission (EC) in the Supreme Court, Thoriq stated that he did not regard the issue as a “major concern”.

“We saw similar issues in 2008… parties should raise any concerns that they have,” he said.

A member of the Progressive Party of Maldives (PPM) – a leading contender in Saturday’s vote – filed the case last week, urging the court to investigate the Election Commission’s (EC) re-registration process, to assure an enhanced role for the military on polling day, and to order an independent audit into the EC’s IT software.

The Commonwealth, the European Union, and India are all sending their own teams of observers to ensure the country’s second multi-party presidential election pass smoothly.

Thoriq explained that Transparency would attempt to give as much help to international observers as it was able to on the day, particularly in terms of logistical information and translation.

However, Elections Program Coordinator Azim Zahir was keen to point out that despite the experience of the international observers, it was Transparency who would have the most valuable data on election day.

Communications Manager Aiman Rasheed will be stationed in EC headquarters throughout the day, and Transparency will hold two election day press conferences.

The first is to be held early in the afternoon, discussing the opening of polls, and the second will take place later in the evening, covering the day’s proceedings and the count itself.

Earlier this month, both the opposition Maldivian Democratic Party (MDP) and Human Rights Commission of the Maldives (HRCM) announced their own plans to station election observers in specific areas of the country.

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Maldives High Court overturns flogging sentence for 15 year-old charged with fornication

The High Court has today overturned a Juvenile Court decision to sentence a 15-year old to 100 lashes after she was charged with fornication.

The case of the minor, who was previously found to have been a victim of sexual abuse, has garnered global media attention and condemnation from numerous human rights groups.

At the same time, an online petition calling for her sentence to be revoked has been being signed by over two million people.

Despite today’s hearing being held behind “closed doors” (as per Article 42 of the constitution), the High Court later released a statement with details of the verdict.

According to the statement, the High Court decided to revoke the minor’s sentence after she denied confessing to having consensual sex with an unknown partner during the Juvenile Court trial.  Authorities previously said the minor had confessed to having consensual sex during a separate investigation into her sexual abuse.

According to Islamic Fiqh scholars, a confession of fornication can be retracted before the resulting sentence is carried out in full, the High Court statement added.

It was further noted by the court that there were discrepancies in the statement given by the girl to the Juvenile Court. The High Court concluded the minor, found to be suffering from post-traumatic stress disorder, was also unable to correctly define pre-marital sex according to the law.

The High Court argued that its verdict had been based on the evidence that the girl was ‘unfit for trial’ during investigations into her alleged abuse and the subsequent Juvenile Court hearings against her.

The court said that the minor had provided her original statement in the capacity of a ‘victim’ and not a suspect, and that authorities had therefore not given her the fundamental rights legally required of a suspect in a crime.

The statement concluded by saying that the panel of judges presiding over the case did not believe that the Juvenile Court had enough evidence to prove beyond any doubt the charges against the girl.  ‘Hadd’ sentences cannot be issued unless a crime can be proved beyond any doubt, the High Court argued.

To date, the girl remains under the care of the state, serving the sentence of house arrest at the children’s shelter on Vilimale’.

Successful appeal

The High Court verdict was issued after the conclusion of an appeal case against the Juvenile Court’s ruling, which was submitted by the Attorney General’s Office on March 27.

In January, the Prosecutor General’s Office claimed that charges of fornication had been raised against the girl “after extensive assessment of the case”, and that they had “no intention of reversing the decision”.

According to local media, Attorney General Azima Shakoor and officials from the Human Rights Commission of Maldives (HRCM) were present at the closed door hearing held today (August 21).

Vice President of the HRCM, Ahmed Tholal, stated that the commission had worked to protect the victim from the beginning of the case.

“It is due to the negligence of all state authorities that the case went as it did, subjecting her to an undeserved sentence while she was already a victim of abuse,” he said.

President’s Office Media Secretary Masood Imad described the High Court ruling as a “fantastic” development that he believed vindicated President Mohamed Waheed Hassan’s stance to have the flogging sentence overturned through the Maldives’ court system.

“The president has continued to stress his intention of having the case overturned by following the process of law. He has got it done by law, which is fantastic,” he stated.

Masood added that the government’s determination to have the sentence overturned was “typical” of President Waheed’s tenure as head of state since coming to power in February 2012.

Asked what impact today’s judgement might have on the government’s previously stated commitment to overseeing legal reforms of the treatment of sexual abuse victims and the use of flogging as a punishment, Masood requested contacting the Attorney General’s Office.

Attorney General Azima Shakoor was not responding to calls at time of press.

Victim accused

In June 2012, the victim gave birth to a baby that was later discovered buried in the outdoor bathroom at her residence. Her stepfather was subsequently charged with sexual abuse of a child, possession of pornographic material, and committing premeditated murder.

Meanwhile, her mother was charged with failing to report child sexual abuse and with concealing a crime.

In January, an official of the Prosecutor General’s Office stated that the charges of fornication were levied in relation to a separate offence of premarital sex that had emerged during the police investigation into the baby’s death.

Sources from Feydhoo, in Shaviyani Atoll, where the girl is from, previously told Minivan News that islanders had raised concerns regarding the minor as far back as 2009. Local people were said to have suspected that the girl had been the victim of sexual abuse, not just by her stepfather, but also by a number of other unidentified men from the island.

The Attorney General’s Office appealed the case on March 27.  The announcement was made on the back of appeals from international human rights advocacy organizations and Avaaz.org, which launched an online petition – gaining over two million signatures.

The UN at the time released a statement which noted allegations that the child had been a victim of long-standing sexual abuse:

“Under international legal human rights obligations of Maldives, corporal punishment, including flogging, amounts to cruel, inhuman or degrading punishment or even to torture.”

Meanwhile, the religiously conservative Adhaalath Party, which heads the Ministry of Islamic Affairs in the current administration, previously declared that the 15 year old rape victim “deserves the punishment”.

“The purpose of penalties like these in Islamic Shariah is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts of torture,” said the party.

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No action against five officers facing criminal prosecution, decides police disciplinary board

The disciplinary board of the Maldives Police Service (MPS) has decided not to take any administrative action against five officers facing criminal prosecution over police brutality in February 2012, Assistant Commissioner of Police Ali Rasheed revealed at a press briefing yesterday (June 18).

Earlier this month, the Police Integrity Commission (PIC) concluded investigations into allegations of police brutality against demonstrators of the Maldivian Democratic Party (MDP) on February 8, 2012, submitting six cases for prosecution.

The PIC also made a recommendation to the home ministry to take administrative action against the six police officers accused of brutality.

The Home Ministry forwarded the cases to the police disciplinary board, Assistant Commissioner Rasheed explained at yesterday’s press briefing.

“The disciplinary board has reviewed the cases and made decisions concerning the six police officers involved in these cases,” he said. “[The disciplinary board] has decided to dismiss one of those officers. On the remaining five cases, as the cases are currently at the court stage, the disciplinary board has decided not to take any administrative action against them until the court cases reach a definitive conclusion.”

A media official at the Prosecutor General’s Office (PGO) confirmed to Minivan News today that trials have begun on some cases of police brutality on February 8, while state prosecutors were in the process of interviewing witnesses in the other cases.

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

Following an investigation into the violence on February 8, the Human Rights Commission of Maldives (HRCM) concluded that the heavy-handed police crackdown on the MDP walk across Male’ was “brutal” and “without warning.”

The HRCM recommended investigations by the PIC into the “disproportionate” use of force that left dozens of demonstrators injured and hospitalised.

Moreover, the Commonwealth-backed Commission of National Inquiry (CoNI) – which controversially concluded that the transfer of presidential power on February 7 was constitutional – also recommended prompt investigations of police brutality.

“There were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities,” the report stated.

In May 2013 – one year and four months after the incidents – the PGO pressed charges against two police officers accused of assaulting MDP MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi during the violent crackdown on February 8.

MDP Chairperson ‘Reeko’ Moosa was flown overseas for treatment of severe injuries sustained during the assault. The two MPs were dragged out by SO officers while they were hiding in a shop with former President Nasheed.

Nasheed was briefly taken under police custody before being released back into the crowd.

Videos also emerged on social media appearing to show SO officers brutally beating MDP MP Ibrahim Rasheed ‘Bonda.’

Impunity

According to a status update by the PIC on June 6, the commission investigated 29 cases of police brutality before forwarding six cases for prosecution.

PIC Vice Chair Haala Hameed told parliament’s Government Oversight Committee on June 4 that the commission had urged then-Home Minister Mohamed Jameel to suspend the accused officers immediately.

However, Hameed said that the request was not adhered to and at least one of the accused officers was promoted.

Hameed said the commission had failed to identify the police officers in five of the remaining cases while 11 other cases lacked supporting evidence.

“These are not disciplinary issues, but crimes. Aside from sending cases to the Prosecutor General, we also recommended the Home Minister suspend these officers, because of the delays in prosecution. We believe these officers should not be serving in the police,” Hameed said.

Former PIC Chair Shahinda Ismail – who resigned citing failure to hold police accountable for human rights violations – explained to Minivan News in September 2012 that article 44 of the Police Act allows the home minister to ignore PIC recommendations if the commission is informed in writing.

Shahinda referred to a case involving Staff Sergeant Ali Ahmed, who was caught on tape kicking a demonstrator while he was on the ground.

The case was sent for prosecution while the PIC recommended administrative action against the staff sergeant to the Home Minister.

“I know for a fact he is still a policeman and was promoted after this incident,” Shahinda said at the time.

“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence,” she added.

Meanwhile, in May this year, the MDP accused the government of fast-tracking 117 “politically-motivated” cases involving its supporters charged with terrorism and obstruction of police duty.

“Why doesn’t the government take action against those police officers when there is clear evidence of police brutality? None of the police officers have been investigated or prosecuted in line with the CoNI,” said MDP MP Imthiyaz Fahmy, who was himself arrested on February 8.

February 8 crackdown

While riot police and soldiers baton-charged the front line of protestors on February 8, Minivan News observed SO officers charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) area.

The SO police officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Al Jazeera news filmed parts of the attack from the rear and reported that on February 8 “police and military charged, beating demonstrators as they ran – women, the elderly, [with] dozens left nursing their wounds.”

According to the HRCM report, 32 people filed complaints with the commission concerning varying degrees of injuries sustained in the crackdown, while 20 people submitted medical documents of their treatment of injuries.

Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person fractured a bone in his leg, one person was left with a broken arm and six people sustained head wounds.

Two fingers on the left hand of one demonstrator were crushed, the report noted, and the victim had to undergo treatment at the operating theatre.

Moreover, the HRCM report into the events of February 6 and 7 revealed that 43 people were treated for injuries at the Indira Gandhi Memorial Hospital (IGMH), while 28 people were treated at the ADK private hospital.

On February 8, Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area of IGMH.

One young woman who went to IGMH with her sister was being treated for a head wound. The gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

“People scattered as officers sprinted towards them silhouetted against the lights of passing traffic,” the BBC’s Andrew North reported from Male’.

“Inside the hospital, dozens of Mr Nasheed’s supporters are still being treated for injuries, following earlier scuffles in the main square. Among them is Reeko Moosa Maniku, chairman of Mr Nasheed’s Maldives Democratic Party – who was with the former president when the clashes broke out. With a large head bandage and his shirt bloodied, he regained consciousness as we arrived. The police said they would kill me, he told us, as they beat me. Another MP was still unconscious in another ward.”

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Father of main suspect in Afrasheem murder case accuses police of coercion

The father of Hussain Humam, the main suspect in the murder of MP and religious scholar Dr Afrasheem Ali, has alleged his son was psychologically traumatised and under coercion by the police when he confessed to the crime.

The suspect has since retracted the confession he gave at a hearing held June 1.

In two separate letters dated May 26 that were sent to Criminal Court Chief Judge Abdulla Mohamed and the Human Rights Commission of the Maldives (HRCM), Humam’s father Ahmed Khaleel asks for assistance from authorities to “ensure [my] son is granted a fair trial devoid of coercion and undue influence.”

Referring to the May 22 hearing of the case, the letter sent to the Criminal Court and obtained by Minivan News reads: “I observed that when my son, Hussain Humam, was brought to the hearing, he was under psychological fear. I observed that he was in a very bad condition, was physically weak and his eyes were reddened. And during the trial, my son, Hussain Humam Ahmed, displayed signs of mental instability, including staring upwards, placing his handcuffs against his mouth, and laughing. Owing to these circumstances, I believe it is of utmost importance to assess Humam’s mental status prior to scheduling another hearing.”

During the previous hearing Judge Abdulla Didi denied a request by Humam’s lawyer that his client be psychologically tested, stating the lawyer had not mentioned any psychological disorder during a prior hearing to extend Humam’s detention.

Alleged police intimidation during trial

Khaleel also alleged in the letter that during the May 22 hearing, police acted “outside of the norms of a court hearing: attempting to psychologically intimidate Humam, and acting in many ways to influence what Humam had to say.”

Khaleel alleges that police  forced Humam into initially rejecting his right to have a defence lawyer, stating, “When the Judge enquired if he wished to have a lawyer, Humam quietly said ‘I do want a lawyer too’, at which point the police officer on his right, and the two officers on his left – Ali Ismail and Shamin – gave angry looks towards Humam and gestured with their eyes in a way that seemed to indicate that Humam was not permitted to say so. I believe that this forced my son to give up and lose this constitutional right.”

“The police also continued to converse with each other while the hearing was ongoing, discussing different aspects of the case itself, and speaking in such a way that it seemed Humam was being threatened. They also exchanged written documents with the state prosecutor outside of court proceedings,” his father alleged.

“Despite the judge unfailingly working to carry out a trial based on fairness and equality where the rights of both concerned parties are protected, with reference to the actions of police in and out of the courtroom, I do not accept that the hearing in question was a fair and just hearing,” Khaleel wrote.

Khaleel called on the court to review video footage of the hearing to confirm his claims, and pleaded for his son to be granted a fair trial and the constitutional rights entitled him.

CP Riyaz and other senior police officials accused of coercion

Khaleel alleged in his letter that in every instance he had visited Humam, his son had repeatedly complained that the police were trying to force him to confess to the MP’s murder.

“I have also observed that the police have phrased their words in such a manner that forces [Humam] to confess. For instance, police brought Humam to Male’ as a hearing had been scheduled for May 16. However, your court cancelled the hearing in the end, and instead of taking Humam back to the Villingili Police Station (where he is being held in detention), he was kept in police headquarters in Male’,” Khaleel wrote.

“I have learnt that while he was being kept in Male’, several police officers of various senior ranks questioned him, outside the processes of investigation, including Commissioner of Police Abdulla Riyaz. They all pushed him to confess, assuring him that he would be spared the death sentence if he did so, and threatening that if he did not, they would ensure that he was sentenced to death. Police further said that if he chose to confess, he would be spared from both the death sentences and charges previously raised against him, and tried to confuse and delude him,” he alleged.

“I have also learned that police, even in other instances, have tried to threaten and coerce Humam into a confession, and have asked him to make use of the opportunity presented.’”

“The confession was an exaggerated mix-up of disjointed statements”

“My wife – Humam’s mother – and I met Humam on May 23 and my wife asked him to tell the truth for her sake and the nine months and ten days she carried him inside her, and Humam cried out, ‘No, mother, I did not kill Afrasheem’. He said the same when I repeatedly questioned him about it,” Khaleel stated.

“Therefore, Humam having stated in front of both of us in the court hearing, in such a way that will be heard by the whole of the country, that he had killed Afrasheem, he then told us that he had, in fact, not committed the murder, and this gives rise to many questions in my mind about how this could have happened,” he continued.

“I am now certain that the police and various political leaders, in a bid to hide the truth behind this, and to conceal the real murderer, have made police question Humam and get details about his life and past. I am also certain that the statement that was submitted to the court as one provided by Humam, is in fact an exaggerated account mixing together responses Humam gave to police about unrelated matters, adding and taking out details, and changing and editing it to align with what the police want it to state,” Khaleel alleged.

“When police are exerting undue influence and interfering with a case under the jurisdiction of your court; forcing Hussain Humam to give up a constitutional right, concealing the actual culprits behind the murder for different political gains, telling Humam various things in a bid to pin this on innocent people, and senior police officers are pushing their long arms into this matter outside the boundaries of the trial, I would like to bring this matter to your attention,” he wrote in conclusion of his letter to the Criminal Court Chief Judge.

Speaking to Minivan News today, Khaleel confirmed that officials of the Criminal Court had met with him and advised him on the best way to proceed.

“They told me that some of the matters I had pointed out can only be raised through a lawyer. They were helpful and listened to my concerns,” Khaleel said.

Criminal Court Media Official Ahmed Mohamed Manik was not responding to calls at the time of press.

Police deny coercion allegations

“It is an outright lie. The hearing proceeded in the presence of the judge. Media was also present in the room. Police did not at all intimidate or threaten Humam in any way, nor did police attempt to influence the courts in any form,” stated a police media official, requesting to remain unnamed.

“We can say with certainty that at no time, during or after the investigation stages, did senior officials talk to Humam to pressure him into a certain action or to influence the trial,” the police spokesperson said.

“Confused how HRCM defines human rights”

Khaleel also wrote to HRCM, expressing concern that his son was being subjected to psychological trauma, threats and intimidation while being held in police custody.

He further alleged that Humam was being coerced into confessing to a crime he did not commit, requesting the commission to look into the matter, and to grant an appointment in which he could provide further details of the allegations.

Khaleel further claimed that police had initially prevented Humam from seeking legal representation, thereby stripping him of the constitutional right stipulated in Article 16 of the Constitution of Maldives.

“I have not had any response from HRCM. I have been endlessly trying to get them to do something about this. I have called them lots of times, and they either say they’ll call back or that there’s no one relevant to talk to. Once, I was told there was no point in meeting the HRCM President just yet, that maybe I should meet someone else they recommend. My point is, how will I be able to meet anyone unless they grant me an appointment, at the least?” Khaleel told Minivan News.

“If they call themselves the Human Rights Commission, shouldn’t they be looking into matters like this where a citizen is being deprived of his rights? I am no longer sure how this commission defines human rights, or just how much they are able to protect such rights,” he said.

HRCM Media Official Sajidha Majdi confirmed that the commission had received the letter, but declined from commenting on the matter, stating it was against the commission’s policy to speak about an ongoing case.

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Employers facing investigation after 75 expatriates detained for illegally working in market

The Maldives Department of Immigration and Emigration has detained 75 illegal workers this week, and is currently investigating how many are victims of corrupt employment practices.

An immigration official, who asked not to be identified, said an unspecified number of the 75 expatriate workers detained in Male’ on Tuesday (June 4) had already been released as authorities sought to clarify the exact reasons for how they had ended up working in the capital’s market area.

Foreign nationals are not permitted under Maldives law to work at the market area, according to the Immigration Department.

Despite this, a total of 57 foreign workers were seized by authorities in April this year after having been found working at the market area of Male’.

A police media official confirmed yesterday (June 5) that officers had assisted in detaining 75 “illegal aliens” from the local market area of Male’, referring all further enquiries to the country’s immigration service, which has taken responsibility for the workers.

Immigration Controller Dr Mohamed Ali was not responding to calls from Minivan News at time of press to confirm how many of the detained foreigners were presently expected to be sent to the department’s “processing centre” – a gated compound on the island of Hulhumale’.  Unregistered expatriates are usually kept at the centre before being sent back to their respective countries.

Immigration Department Chief Executive Officer (CEO) Abdullah Munaaz – charged with overseeing the service’s monitoring and repatriation efforts – has meanwhile said that authorities were expecting to decide within the next 48 hours how many of the 75 expatriates may face deportation. With investigations ongoing into the case, he said that no further details on the detained workers could be made public at present, with an official announcement expected in the next few days.

The Maldives has come under increasing pressure to tackle the issue of unregistered expatriates, with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking.  The country has appeared on the list for three years in a row.

Immigration Controller Dr Ali has previously told Minivan News that while almost all foreign workers coming to the Maldives arrive under registered companies, some were finding themselves “illegally used” by employers due to “systematic abuse” of the visa system.

Earlier this year, the Immigration Department confirmed that authorities had targeted the return of 10,000 unregistered workers by the end of the year.

This pledge to return a predetermined number of expatriates was criticised at the time by the Human Rights Commission of Maldives (HRCM), which raised concerns that some workers were being punished for the actions of employers and agents acting outside the law.

Worker release

The immigration source claimed that the country’s expatriate monitoring service was in the process of trying to individually identify whether the detained workers should be released, or deported.

The source said all those detained had not been registered to work in the market area, although some were suspected of being illegally made to do so by their legal employers.

“The paperwork is being done now to try to identify the people who are being put to work at these places by their employers,” the Immigration Department figure added. “These people are working in places where they are not registered to do so and we need to know why is this happening. Some of the employers are giving [the department] a different story to those provided by the expatriates.”

The anonymous source said that authorities would also be looking to take action against employers who may be supplying illegal labour.

The same source has claimed that the majority of the 75 detained workers were suspected of having absconded illegally from their Maldivian employer to seek better paid work elsewhere in the country.

Late last month, Immigration Department CEO Munaaz said his department had recently become aware of individuals posing as recruitment agents who were travelling to airports to poach foreign workers by promising them resort positions or higher pad jobs than the work they may have originally been brought to the country for.  Whether these jobs really exist is unknown.

“Now we have started to identify how this is being done and we are working to stop this,”Munaaz said at the time. “We know there are agents living here in Male’, some who are foreign nationals from the same countries, and they are bringing people over. We are in the process of breaking these rings.”

Foreign low-wage workers are often lured to the country by such brokers, paying a ‘recruitment’ fee or entering into debt – sometimes as high as several thousand dollars – that is shared between local agents and recruiters in the country of origin, most significantly Bangladesh.

In many cases the workers are then brought into the country ‘legitimately’ by a specially-created paper company, created using the ID of a complicit or unwitting Maldivian national, for the stated purpose of working on a ‘construction project’ of dubious existence.

Senior immigration sources have confided to Minivan News that almost no human verification was undertaken by authorities to ensure workers were genuinely employed once a business or construction project was approved.

Moreover, despite the size and scale of the practice, not a single recruitment agent or labour trafficker has appeared before a Maldivian court.

Human trafficking

While the government earlier this year launched a special campaign intended to raising awareness of the rights of foreign workers, NGOs and institutions continue to identify human trafficking as a significant issue needing to be addressed in the country.

Human rights groups in the Maldives have for instance continued to criticise the present and former governments for failing to pass legislation that would allow authorities to press charges against individuals directly for the offence of human trafficking.  The legal measures to do so are presently under review in parliament.

In February, former President Maldives Association of Construction Industry (MACI) Mohamed Ali Janah claimed that an estimated 40 percent of the foreign employees in the sector were thought not to be legally registered.

Considering these numbers, Janah said he could not rule out the involvement of organised crime in certain employment agencies, which supply a large amount of foreign labour to building sites in the Maldives.

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Past and current presidents call for national rethink on gender rights

Former and current presidents of the Maldives have highlighted the importance of gender equality to national development on the occasion of International World Women’s Day on March 8.

President Dr Mohamed Waheed Hassan Manik, as well as former Presidents Mohamed Nasheed and Maumoon Abdul Gayoom, have all spoken during the last two days on the importance of addressing gender related issues in the Maldives in areas such as domestic abuse and education.

The comments have been made as local independent institutions and civil society groups have alleged that the country has seen a regression in the rights of women and minors in recent years.

Local NGO Voice of Women, which claims to work as an umbrella group supporting other female-focused organisations in the Maldives, said that despite increased participation of women in political activities, there had been a perceived regression in the rights of females and children during the last year.

“The institutions in place to protect them have instead targeted them directly or let them down passively due to inaction,” read a statement by the NGO.

“Experience shows that countries cannot build a true democracy without the full and unhindered participation of fifty percent of our population; today we take the opportunity to recognize the courage and valiantness of the Maldivian women who are fighting against all odds and often times against the most harsh discrimination without taking a single step back, pressing for political reform and to establish a fair democracy in the country.”

The NGO’s statement was particularly critical of the treatment of women under the administration of President Dr Mohamed Waheed Hassan Manik, which in recent months has pledged to review laws that it claims have previously victimised women and minors who are victims of sexual abuse.

“The government is unable to destroy the unwavering spirit and determination of the Maldivian women who are confronted with batons, kicked with boots, handcuffed, stomped with shields, pepper sprayed directly into the eyes, and water cannoned while peacefully protesting on the streets or jailed without charges, sexually abused and humiliated while in custody; these heroic women continue to fight for their rights, rights of their children, rights of their children’s children,” the Voice for Women statement claimed.

“They continue to fight for the freedom of their country, for justice, for peace and for democracy.”

Back in April last year, parliament passed the Domestic Violence Bill with broad cross party support as part of efforts to provide a legal framework to protect victims from domestic abuse through protective orders and improved monitoring mechanisms.

In a statement released yesterday addressing the rights of females, President Waheed delivered his best wishes to all women in the Maldives.

“The International Women’s Day is being marked to reflect on the status of women, assess their empowerment, advocate for greater opportunities for women to progress, and seek the support for all for those ends,” read a President’s Office statement.

“It is a high priority of the Maldivian government to support efforts in attaining gender equality in the society. The President highlighted women’s increasing contribution to national development. The increase in women’s contributions to and participation in the development of the country showed the change in the outlook of the people on gender related issues.”

Former presidents speak

Speaking Thursday (March 7) ahead of International Women’s Day, former President Maumoon Abdul Gayoom said that under Islam, men and women were considered equal. He therefore requested an end to the practice of gender discrimination, particularly in obtaining education.

Local newspaper Haveeru quoted Gayoom, who is currently the president of the government-aligned Progressive Party of Maldives (PPM), as saying that some Maldivian females continued to be denied the opportunity to undertake higher education by their families.

He claimed that “misguided religious beliefs” were often behind such gender discrimination.

Meanwhile, former President Mohamed Nasheed was quoted in local media yesterday as calling for a change in how Maldivian men perceived women in general.

According to the Sun Online news agency, Nasheed told Maldivian Democratic Party (MDP) supporters gathered at the Dharubaaruge convention centre in Male’ that greater efforts needed to be made in empowering women “in all areas”.

“Not just because of efforts made by a gender ministry, but through transport ministry as well as health ministry as well as education ministry. We need to incorporate women into our main policies,” he was reported to have said.

Nasheed also called for new methods of protecting women against abuse during his address.

“Conservative” attitudes

Despite the calls of some of the nation’s most senior political figures, a recent national study found support for women’s equality was found to have experienced a “significant drop” despite overall progress in improving the human rights situation nationally.

The conclusions were made in the Human Rights Commission of the Maldives (HRCM’s) second baseline survey on behaviours and attitudes regarding human rights in the Maldives, which was published December 10, 2012.

Male attitudes have become “more conservative” regarding women’s rights issues, whereas female views have become more supportive of rights in some areas, was one of the conclusions raised in the The ‘Rights’ Side of Life” [report].

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President’s Human Rights Ambassador calls on Elections Commission to dissolve “terrorist” MDP

Human Rights Ambassador of the President’s Office Ahmed Ibrahim “Sandhaanu” Didi has called on Elections Commission (EC) President Fuad Thaufeeq to dissolve the Maldivian Democratic Party (MDP), calling it an “unlawful organisation which commits terrorist activities and attempts to undermine the powers of the state.”

“Fuad Thaufeeq must pronounce the MDP an illegal party and remove it from the political party registry immediately. They shouldn’t be allowed to exist,” he told a press conference on Monday afternoon.

“Article 27 and 32 of the constitution allows freedom of expression and assembly without any limits. However, we must bear in mind that we cannot exercise these rights in a manner which infringes upon the rights of others,” Ibrahim Didi said.

“The roads of Male’ have been in chaos for the past year. One of the groups is calling for early elections, which itself is against our constitution,” he continued.

“I see no reason for there to be dissenting political views. Former President Mohamed Nasheed handed in his resignation on live TV. There should be no questions around this.”

Ibrahim Didi stated that all concerned parties had initially accepted the findings released by the Commission of National Inquiry (CoNI), a Commonwealth-backed inquiry commission set in place through presidential decree by President Dr Mohamed Waheed Hassan Manik.

“If some of these people later decided to go against that stand, we are not obliged to listen to them. If we are to go on like this, the world will come to believe we are fools,” Ibrahim Didi said.

He added the charges against former President and current MDP presidential candidate Nasheed will not become political “just because he and his supporters say so.”

“Even Almighty God loves all of his subjects. But if any of us sins, He will punish as is due. The same law of nature applies to the case at hand,” said the human rights ambassador.

Ibrahim Didi stated that the current MDP protests were unlawful as they are calling on the Prosecutor General (PG) to withdraw charges against Nasheed, which he said was unlawful under the Maldivian constitution.

“If in their protests, the MDP are calling for the charges against Nasheed to be withdrawn, their demands are unlawful as per the constitution. These charges are being pressed by an independent institution. They are calling to undermine the powers of this institution. So I must ask for this party, these people, to be arrested and detained. I am saying this because this party is trying to undermine the powers of the republic and the constitution.”

Ibrahim Didi alleged that MDP supporters had set to the streets “with one objective alone: to undermine the powers of our constitution.”

Ibrahim Didi further spoke about the importance of all political parties having the same views and objectives.

“I cannot believe, in fact, I do not at all want to believe, that there can be anyone with views opposing that of the government. There should be no opposition parties. Everyone should have the same views. There can, however, be parties created to hold the government accountable.”

Ibrahim Didi alleged that “more than political activities, [MDP] is creating havoc on the streets, setting places on fire and creating chaos.”

“Even when their presidential candidate is a criminal, they keep saying no, no, no, we still want him,” Ibrahim Didi said of Nasheed’s supporters.

Ibrahim Didi responded that he “personally held no doubts that Nasheed is a criminal”, when a journalist asked how he could refer to Nasheed as a criminal before the courts ruled on the case.

Elections Commission “disappointed”

President of the Elections Commission Fuad Thaufeeq stated that he was “deeply saddened that a person like Ahmed Ibrahim Didi would call for such an undemocratic act as terminating a political party.”

“The MDP is the largest political party with over 46,000 members. If we add together the membership numbers of the second and third largest parties, DRP and PPM, the total number is approximately equal to the membership of MDP as a single party. Is he asking us to take away the rights of this many citizens?” Thaufeeq said.

“Protesting is a constitutional right granted to all people. That is not a reason to terminate any party. The EC, to date, has not seen any reason to terminate any political party. We are also observing the activities of the parties,” Thaufeeq continued.

“I am appalled that Ahmed Ibrahim Didi would call on us to do such a thing. Since freedom of expression is a constitutional right, anyone can say what they please as long as it aligns with the constitution and Islamic values,” he said.

“Hence, Ibrahim Didi has a right to call for MDP to be terminated, and MDP has a right to call for Nasheed’s trial to be postponed. There is no valid reason here for a party to be terminated.”

No police brutality: HR Ambassador

Ibrahim Didi further stated that he did not believe that the police had committed any acts of brutality in the past year.

“I am very concerned that the Human Rights Commission released a statement saying police have used excessive force. If someone comes at police with a wooden club with excessive force, then police too will respond and go at them with excessive force. One can’t judge these actions unless they are there on the spot,” he stated.

“I saw on DhiTV today that Fuad Thaufeeq has said we can have a free and fair election if we can resolve issues between MDP and the police. This is a highly irresponsible statement,” he said.

“Anyone who speaks against the police are traitors to the nation. People who have problems with the police are all criminals. People from political parties will never have problems with the police,” Ibrahim Didi said.

Vice President of the Human Rights Commission of the Maldives Ahmed Tholal said the commission had always called on people to demonstrate peacefully as allowed in the constitution, and the police to exercise restraint.

“Even in an instance where a demonstration becomes violent, I do not believe the state should respond in kind. None of our laws allow any form of violence. Should protesters get violent, then the state should only take proper legal action against the perpetrators. The state cannot at all respond with similar forms of violence as the perpetrators,” Tholal said.

Roles of the Human Rights Ambassador

Ibrahim Didi said that one could compare protests under past administrations to the current protests being held by MDP.

Asked by journalists if, as Human Rights Ambassador, Ibrahim Didi believed the December 2011 protests by the current government aligned parties could be termed “peaceful”, in which protesters uprooted trees and a policeman was attacked with fire, Ibrahim Didi stated that “we are not here to hold a hearing on this” and “we will need to review past protests before commenting on that.”

“Any persons who challenge the constitution, who challenge the judicial system, cannot be termed as a political party. They must be termed an unlawful organisation and must be removed from the political party registry,” Ibrahim Didi responded, when asked if the parties that participated in the December 2011 protests which had called to “topple” the then government should also be terminated for undermining the constitution.

Local media also asked Ibrahim Didi what he, as current Ambassador and previously a strong critic of Gayoom, had done to ensure that justice was delivered for victims of human rights abuses during Gayoom’s 30 year regime.

“I stand by everything I have said about Gayoom’s actions. Even though I am here as an Ambassador for Human Rights, I think it is better if those questions are asked of the commission Nasheed made during his administration to look into those very allegations.”

Ibrahim Didi concluded the press event by stating that he did not accept the judiciary was functioning, saying “these arsonists would not be walking around on our streets freely if the judiciary could perform right.”

“Sheer madness”: MDP

MDP Spokesperson Imthiyaz Fahmy said it was not at Ibrahim Didi’s discretion to terminate a political party, adding that such things were done under certain norms and procedures.

“The MDP is the party that stood up for Ibrahim Didi himself, when he was sentenced to life imprisonment for exercising freedom of expression during Gayoom’s brutal regime. And today has he no shame calling for this party to be terminated?” Fahmy asked.

“It is sheer madness to call for the termination of the country’s largest and first democratic political party. Terminating a political party in this manner is simply not possible in a democratic environment, it is like calling a square a circle. I cannot understand what kind of policies the man is following. It is sheer madness to make remarks like he has made today,” Fahmy said.

“He doesn’t understand the simple concept of the presumption of innocence, and has proceeded to call Nasheed a criminal. In fact, he has today called almost half the population criminals by saying anyone who has issues against the police are criminals,” Fahmy said.

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Further protests as MDP calls for international community to be “mindful” of Maldives judiciary

The Maldivian Democratic Party (MDP) has called for the international community to be “mindful” of the status of the Maldives judiciary, claiming it to be systematically flawed and biased.

The party’s sentiments were echoed in last night’s (February 16) protest as thousands of supporters of Nasheed once again took to the streets of Male’.

The former President has been inside the Indian High Commission since Wednesday afternoon after he sought refuge from a court warrant ordering police to present him before the Hulhumale’ Magistrate Court.

Nasheed and his party have maintained that the charges – of illegally detaining Chief Criminal Court Judge Abdulla Mohamed prior to his controversial resignation on February 7, 2012 – are a politically-motivated attempt to prevent him from contesting presidential elections scheduled for later this year.

In contrast to Friday night’s protest, where 55 people were arrested following clashes with police, demonstrators last night took part in a “seated protest” in the intersection between Majeedhee Magu and Chaandhanee Magu.

Maldives Police Service (MPS) Spokesperson Sub Inspector Hassan Haneef told Minivan News today that while there had been no arrests made, a vehicle belonging to the Police Family and Child Protection Department was set on fire.

Police also allege that protesters set fire to a police barricade in the early hours of the morning.

However, MDP Spokesperson Hamid Abdul Ghafoor claimed the circumstances surrounding the barricade fire were suspicious.

“There had been reports that a police barricade was set on fire by protesters. However police tweeted about the fire two minutes before it actually happened,” Hamid claimed.

Minivan News observed around 4,000 demonstrators at last night’s gathering and witnessed multiple charges at the crowds by riot police.

MDP concern over Nasheed’s trial

A statement released by the MDP yesterday expressed concern regarding the trial of former President Mohamed Nasheed, adding that the status of the judiciary and rule of law in the country was not conducive to ensuring a fair trial for the former president.

The statement accuses judges within the Maldives judiciary as being “under qualified, of dubious moral character, corrupt with political bias, and unduly influenced by members of the former regime”.

“When international actors refer to rule of law and due process, it is only a presumption that rule of law exists in the Maldives,” Ghafoor stated.

“When calling for rule of law in the Maldives our international partners must bare in mind the current state of the judiciary, and its ability to conduct a fair trial.”

Speaking to Minivan News on Thursday, trial observer Stephen Cragg, who compiled a report on Nasheed’s trial, said it was clear the former president was concerned he would not receive a fair trial with the current judges on the case.

Cragg visited the Maldives last year on behalf of the Bar Human Rights Committee (BHRC) to observe the hearings of former President Nasheed’s trial.

“I think it is clear that Mr Nasheed is concerned that he will not get a fair trial if the case goes ahead with the current judges due to hear the case, and his action is likely to highlight those concerns internationally,” Cragg said.

The report compiled by Cragg notes: “BHRC is concerned that a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives.”

In the statement, the MDP welcomed calls from India, United Kingdom, United States, the Commonwealth, United Nations and the European Union for a free, fair and inclusive presidential election in the Maldives.

On Friday, EU High Representative Catherine Ashton said she was following the latest developments “with concern” and “called on all parties to refrain from actions or statements which are liable to inflame the political climate in the country”.

“I underline the urgent need to resume dialogue between the parties, so as to ensure that the presidential elections set for September 2013 are credible, transparent, inclusive and fully representative of the wishes of all Maldivians, and so that the reforms identified by the Commission of National Inquiry in August 2012 can be rapidly implemented,” she said in a statement.

President of the Maldives, Mohamed Waheed Hassan Manik released his own statement yesterday condemning Nasheed’s actions on Wednesday.

“I am dismayed that the former President Nasheed sought refuge in the Indian High Commission in Male’ when he was summoned to the court. The court order which required the Police to arrest Nasheed and have him appear before the court was due to his refusal to attend court hearing. It had expired at 1600 hours on the 13 February 2013, and there is no reason for him to remain in the High Commission and to instigate street violence.

“The court order has nothing to do with my government. Upholding the rule of law means nobody is above the law. I would like to assure the people of Maldives that the law and order will be maintained,” the President’s statement reads.

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Police used disproportionate force against MDP protesters: HRCM

The Human Rights Commission of the Maldives (HRCM) has accused police of using disproportionate force when dispersing Friday night’s demonstrations by the Maldivian Democratic Party (MDP).

“HRCM is concerned that police have used disproportionate force when dispersing protesters, which caused different levels of injury and damage,” HRCM said in a statement.

The commission noted that male officers had been deployed to arrest female protesters, and had used undue force in making those arrests.

HRCM also stated that police officers had at times “used inappropriate language” during the demonstrations.

Police Sub Inspector Hassan Haneef, while welcoming the remarks of the HRCM, said “We hope HRCM will submit a detailed report, pointing out where and when these things happened, all the details, and then carry out discussions with us on it. We will then look into the issues we feel are necessary.

“However, we believe that we have used proportionate force in all instances during that protest,” Haneef stated.

“Male officers arresting female officers is not prohibited in the Police Act. I do understand that may not be the desired route of action. However, according to the situation at hand, it’s not always logically possible to send officers of the same gender to the scene,” he added.

Children in protests

HRCM also expressed concern that under-age participants were seen at Friday’s protests.

Haneef previously confirmed one minor had been arrested on Friday along with 54 other protesters.

HRCM also alleged some demonstrators acted in a manner which would “create conflicts and harm the peaceful nature of the protest.”

“This commission has also noticed that when broadcasting updates of the protests, some TV channels show news and footage in a manner that distorts the reality of the events that occur,” HRCM said, without naming specific TV channels.

HRCM Vice President Ahmed Tholal was not responding to calls at the time of press.

“Lots of statements, no action”

The Police Integrity Commission (PIC) has recently complained that the government takes no action even when cases of police brutality and misconduct are forwarded to the Home Ministry.

One officer the PIC accused of misconduct and recommended be suspended following its investigation of the events of February 8, 2012, was instead promoted twice.

“We have already seen a lot of these statements and reports. Some have pointed out many acts of police brutality and the use of excessive force. Why is it that no actions are taken against any of these people?” MDP Spokesperson Imthiyaz Fahmy said, in response to the statement by the HRCM.

“It must be because all these institutions have failed. We can say that the brutality is encouraged by the failure of the institutions. The police are acting with total impunity. The inaction of the institutions is an endorsement of these vile acts,” Fahmy said.

Fahmy also responded to HRCM’s concerns that underage participants had been observed at the protest.

“When the nation has fallen to the state it is in now, everyone, be they young toddlers or the elderly, must come out and take a stand. An innocent action carries warrant. Everyone must come out now,” Fahmy said.

The Progressive Party of Maldives (PPM) meanwhile condemned the protests, with PPM MP Ahmed Mahlouf telling local media they were intended to “create chaos”.

“A number of protests were held during last year. We did not seen the police obstructing protesters during peaceful protests,” Mahlouf said.

Former President and MDP presidential candidate Mohamed Nasheed has been taking refuge in the Indian High Commission since February 13 after police sought to arrest him and present him to the Hulhumale’ Magistrate Court.

Nasheed’s supporters and MDP members have since taken to the streets in a series of protests, calling on the state to facilitate an “inclusive free and fair election” where all candidates are allowed to participate.

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