United States, India, HRCM, multiple NGOs back Elections Commission, urge presidential polling to take place Saturday

The Human Rights Commission of the Maldives (HRCM) has urged political parties to support the Elections Commission to hold the presidential election tomorrow, and called on “as many Maldivian citizens as possible to go out and vote”.

The United States has called on political leaders to ensure participatory democracy is not undermined, and expressed concern about the potential postponement of Saturday’s election.

The Progressive Party of Maldives (PPM) and Jumhooree Party (JP) presidential candidates have demanded fingerprint verification of the finalised voter registry, with police refusing to support the election without the candidates’ signatures. After submitting letters to the Elections Commission (EC) soon after midnight, the party’s leaders have been unreachable.

Signing of the registry by the candidates is a new demand contained in the Supreme Court’s guidelines for the election, following its annulment of the first round of polls shortly before midnight on October 7.

“The Human Rights Commission of the Maldives (HRCM) urges political parties to prioritise national interest and support the elections commission in this difficult moment to hold the presidential election as scheduled,” the commission declared in a press statement issued today.

“We call on as many citizens as possible to go out to vote and not to obstruct the vote,” it added.

Earlier this week the HRCM member and acting chairperson Ahmed Tholal told local media that the commission had complete confidence in the Elections Commission’s ability to conduct the upcoming presidential election freely, fairly and in a transparent manner.

Multiple Maldivian and international civil society organisations have also called for the presidential election to be held as scheduled tomorrow.

United States and India

The United States Embassy in Colombo has also expressed concern that the October 19 election may be postponed, and called on political leaders to ensure participatory democracy is not undermined in a press statement today.

“Political leaders must come together to ensure that participatory democracy is not undermined and that free, fair, credible and inclusive elections can take place peacefully and in line with international standards. Further efforts to delay the electoral process could undermine the will of the people to choose their representative,” the US Embassy stated.

“The Electoral Commission has made concerted efforts to comply with the Supreme Court’s requirements for a new first round, including the re-registration of thousands of voters,” it noted. “The United States is concerned that the re-organised first round of the Maldivian presidential election, set for October 19, may now be postponed.”

The US also highlighted the Maldives’ constitutional requirement that a new president be sworn in by November 11, 2013.

India echoed the United States’ “deep concerns” that the presidential election may be further delayed and “once again urged the government of Maldives and presidential candidates” to hold the election tomorrow and uphold the Maldives’ constitution, in a press release issued by the High Commission of India in Male’ tonight.

“We call upon all political parties to show a spirit of understanding, cooperation and accommodation by supporting the efforts for holding elections as scheduled, including by accepting the voters’ register,” stated the Indian High Commission. “Holding of free, fair and credible elections without further delay is essential for fulfilling the political aspirations of the people of Maldives.”

President Mohamed Waheed has meanwhile urged parties “not to act in a fashion that obstructs holding of the election and to prioritise national interest over personal interest”.

Transparency Maldives

Local NGO Transparency Maldives has reiterated its appeal for the presidential election to take place as scheduled.

“We have previously called for the presidential election to be held in the timeframe stipulated within the constitution,” Transparency Maldives’ Advocacy and Communications Manager Aiman Rasheed told Minivan News today.

“In resolving the rising tensions and disagreements in the country, Transparency Maldives appeals to all actors, especially the Supreme Court, to uphold the spirit of the Constitution and electoral deadlines and respect people’s electoral choice,” reads a September 28 Transparency Maldives press statement.

The NGO also previously appealed to “all actors and institutions to refrain from undermining the integrity of and confidence in the election day processes without credible evidence of fraud.”

Rasheed noted that “We have already missed two deadlines: holding a runoff election within 21 days after the first round and holding an election 30 days prior to the expiry of the existing presidential term November 11,” as stated in articles 111 and 110 of the constitution.

“The only deadline that has not been missed is holding the presidential election before October 20,” he continued.

“The Supreme Court’s verdict mandates all state institutions, including political parties, must work with the Elections Commission to ensure a free and fair election,” he explained.

“An election cannot be held without everyone joining together – civil society, political parties, media, state institutions – to support the Elections Commission,” he added.

Meanwhile, the anti-corruption NGO has stated that it is “fully ready for extensive observation of the October 19 presidential election”.

Transparency fielded a team of 400 election monitors during the first round of September 7, stating that the process was fair and credible and that incidents observed on the day would not have had a material impact on the outcome of the election.

In late August, Transparency Maldives expressed doubts over the integrity of the Supreme Court, urging it to “maintain its actions in such a fashion that the court does not allow further diminishing of its integrity and to be transparent in its functioning and sharing of information to strengthen the public trust towards the institution.”

The NGO also recently noted that the failure of parliament and the Judicial Service Commission (JSC) to address alleged integrity issues of the Supreme Court judges have “created avenues for political and other actors to question the conduct, injunctions and verdicts of the Supreme Court”.

The Home Ministry this month announced that it would be investigating Transparency Maldives for challenging the Supreme Court, prompting the NGO’s international affiliate – Transparency International – to express its concern “grave concern” about staff and volunteer safety and “alarm” over the intimidation and public allegations threatening its Transparency Maldives chapter.

Maldives NGO Federation

In light of the HRCM statement, the Maldives NGO Federation, representing over 60 local civil society organisations, also reiterated its support for the Elections Commission.

“The NGO Federation of course appreciates the hard work of the Elections Commission and we fully trust in the work they are doing,” NGO Federation President Ahmed Nizam told Minivan News today.

“Given the Supreme Court’s verdict, it’s will not be very easy for the EC to go ahead and hold the election without political parties signing the voter registry. We are hopeful that the talks held tonight will help solve the issue,” he noted.

“I would like to believe that the political leaders of this country will be responsible people,” he continued. “And we stay hopeful that we will get the opportunity to exercise our constitutional right [to vote] tomorrow.”

“The EC Chairperson has said that even if the political parties sign the registry by 7:30am tomorrow morning the election can still be held,” he added.

Following the Supreme Court’s ruling to indefinitely delay the presidential election’s September 28 second round until a verdict in the JP case against the EC had been reached, the NGO expressed concern over the election delay and urged the Supreme Court to deliver a speedy verdict and to allow elections to proceed as per the constitution.

The Home Ministry subsequently demanded the NGO provide a copy of its press release regarding the Supreme Court.

The NGO Federation also recently expressed its concern that political parties have been attempting to discredit the Elections Commission by inciting hatred toward the institution in an effort to obstruct the holding of a free and fair presidential election.

The NGO Federation declared their confidence in the EC and noted the essential role the commission has played in holding free and fair elections over the past five years.

International Federation of Human Rights

International Federation of Human Rights (FIDH) NGO said it is continuing to observe developments in the Maldives, and is calling for the outgoing government to ensure Maldivian people were given their right to vote in a free and fair election held in accordance with international standards.

Expressing concern about “mixed signals” being given to Maldivian people and the international community about holding an election, the international NGO said there was growing anxiety around the world for voting to be held without further delays.

FIDH said it continued to hold particular concern over the decision by the country’s Supreme Court to annul the first round of the presidential election held on September 7 – an order it claimed, in a joint statement with the Maldivian Democracy Network (MDN), was “unjustifiable”.

“The unjustifiable delay and judicially forceful suspension of the second round of the election, due on 28 September, indicates an encroachment of the judiciary over the powers of the Elections Commission, an independent constitutional body answerable to the Parliament of the Maldives,” read the statement from MDN and FIDH on October 8.

The statement described the court’s verdict as being founded on “materially baseless arguments”, after the first round was “applauded as a success by the international community.”

“Maldivian authorities must swiftly bring the electoral process to an end, in a free and fair manner,” said FIDH President Karim Lahidji at the time.

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Q&A: Elections Commission Chairperson Fuwad Thowfeek

The Maldives’ Elections Commission (EC) is preparing for the presidential election’s second round run-off amidst the Jumhooree coalition’s refusal to accept its first round defeat, triggering a barrage of judicial, political, media and civil society actions against the commission.

The Jumhooree Party (JP) – in conjunction with the Attorney General (AG) and the Progressive Party of the Maldives (PPM) – has led a Supreme Court case to annul the election, whilst the party’s High Court case against the commission was conducted in tandem. In response to the JP’s vote fraud claims the police barricaded the EC secretariat and searched its garbage, while multiple protests and threats have targeted  the commission and its members and local media has broadcast unsubstantiated information about the commission and electoral process.

The EC has emphatically dismissed allegations of vote rigging as “baseless and unfounded”, highlighting its transparency and extensive preparations – conducted with international support – to ensure a free and fair polling process. International election observers have unanimously commended the first round of polling, calling for losing parties to accept defeat and allow the second round to proceed as scheduled.

With the September 28 run-off less than a week away, Minivan News discusses some of the challenges faced by the commission with Fuwad Thowfeek, Chairperson of the country’s first independent Elections Commission (EC).

Supreme Court case

Leah R Malone: Considering the politicised nature of the Supreme Court – as highlighted by the UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul – is there a risk the Supreme Court’s order to hand over the EC’s only original copy of the voter list could lead to it being tampered with? Specifically, given the lack of material evidence or witnesses presented against the EC thus far, is there a potential opportunity for names to be added to the original voter list to substantiate the JP’s claims?

Fuwad Thowfeek: Thursday (September 19) the Supreme Court ordered the Elections Commission provide the original voter list, so we’ve been making color copies. EC members sat down and discussed [the situation], the constitution and presidential election laws, as well as met with our legal team. Since it’s a Supreme Court case they can order anything be given, so it’s best to follow that order [and provide the list].

However our legal team advised us to take very accurate color copies of each page before sending the originals. We are keeping the duplicates and in case any changes are made [to the originals] we will very easily be able to recognise them. It is the best solution we have at the moment.

As of about 3:45pm or 4:00pm Friday (September 20) we sent 120 lists to the Supreme Court. 200 will be sent Saturday and the day after the remaining lists. We are sending the original documents as the copies are being made.

LRM: If the Supreme Court rules to annul the presidential election’s first round, what will the Elections Commission do?

FT: That’s a big question because according to the constitution and even elections law there is nothing said [about whether the Supreme Court can take that action]. We have to ask the Supreme Court to give a timetable or something [for the presidential election]. Other than that there’s nothing we can do.

We won’t be able to fulfill the time requirement set forth in the constitution [if the run-off isn’t held on schedule]. 120 days before the end of the current president’s term a presidential election must be held. If there is no election then the [democratic] constitution, presidential and general election law will not be satisfied.

The strangest, funniest thing is that they are still not able to identify a single person who has voted fraudulently. For example, they have not been able to show anyone who is younger than 18 has voted, but they have been claiming many underage people fraudulently voted. If there are many [that voted fraudulently] they should be able to verify and show at least one person. They are also claiming that dead people voted, and when they submitted the list of seven names to the High Court, the court gave us the list to check. So we reviewed the voter registry and voter list, found phone numbers on record for four people and when we spoke with them, the individuals verified they were indeed alive and had voted. We are sure we will be able to find the remaining three people.

The other thing is if a dead person voted, someone should be able to show that this is the person who voted under the deceased’s name. Also, the JP is claiming 50,000 fraudulent votes have been added. The strangest thing is none of these ballots have been identified. No ballot boxes were found to have more votes cast than voters registered. Only one ballot box – located on a resort island – was found to have exactly 100 percent voter turnout. The average voter turnout was 88.44 percent nationwide.

LRM: Has Attorney General Azima Shukoor been in contact with the Elections Commission?

FT: That was another surprise to us actually. She has not been in contact with us and then suddenly appeared in the Supreme Court case. The funniest thing is the AG is supposed to support government institutions, but in this case the AG is speaking against the EC. She is supporting JP without evidence or witnesses, just saying there were errors in the voters list, but is not able to cite what those specific errors are because she has not seen [or requested to see] the list.

When I heard the AG was going to participate in the Supreme Court case, I thought it would be on behalf of the EC and she would tell the court [the vote rigging allegations are] simply not possible and the court cannot give any room to cancel the first round and re-hold it. [However,] when the AG came out and spoke against the EC – just like any political party supporter of JP – we released a press statement stating that the commission regrets this action by the AG. Both the AG and the JP have not provided any evidence or witnesses to support their allegations.

The government has spent over MVR 30 million (US $1,949,310) on the first round, there is no budget remaining [to hold both rounds again]. If it’s difficult for the government to provide the additional budget for the second round, there will be so many difficulties if the [results are annulled and] voting rounds are held again.

[Prior to the Supreme Court case] we hadn’t had much contact with the office of the AG or the AG. Last year after the change of government, in March or April, the EC met with the AG and spoke about changes that were required in the election laws, but nothing has materialised so far. She told us at the time that there were so many laws requiring revision.

Before the end of the last Supreme Court session, the Chief Justice ordered the EC to submit the original copy of the voters’ list. They are probably going to check the list to see whether people below the age of 18 voted. If they want to check for that, it’s fine. We are 100 percent sure they will not find anyone below 18 who voted.

Accessing the voter list

LRM: Following the High Court order for the EC to allow JP access to the voter list – under the guidelines determined by the commission – what were the exact protocol guidelines the EC enacted during the JP representative’s visit? What other political party representatives were present?

FT: Tuesday (September 17) the High Court ordered the EC to show the voter list to political parties. We have only one original [copy of the voters list] and had to make arrangements to follow the High Court’s order to show JP [the list], so we made the arrangements for Thursday (September 19).

This was because the EC needed time to prepare, seek advice from our legal team, and to hold a discussion meeting with our members. At the same time, arrangements for other candidates to see the voter list were also made. We invited all four political parties to send representatives to see the original voter list.

The viewing started at 10:00am. A team from JP came and GIP, but no PPM – even in court they said they did not want to see the voter list. An MDP representative came, but he said he did not want to see it.

We asked the other two – representatives from JP and GIP – what they wanted to see. Then again they wanted more people [from their parties] to come and for the EC to make copies [of the list for them]. But we couldn’t make that arrangement because we have to be very careful with our only copy [of the list], so our own official would show it to one representative at a time. There were arguments from the political party representatives [about these guidelines].

[However,] the lawyer, Dr Hassan Saeed [JP presidential candidate Gasim Ibrahim’s running mate and head of JP’s legal team] said that now he does not need to look at the voter list anymore because he would prefer for the EC to hand it over to the Supreme Court.

(JP’s Legal Advisor Mohamed Haleem told Minivan News last week that the party would seek an additional High Court order for unrestricted access to the voter list).

LRM: With the ‘leaked’ police intelligence report – which the AG is citing in the Supreme Court – alleging there were “some opportunities for fraud” and “illegal voting”, the AG arguing for the Supreme Court to order the police to investigate the EC, and the police barricading and searching the EC’s garbage, do you think the police are politicised and acting against the EC?

FT: I don’t think anything will happen. I heard the AG demanded the PG issue an order to the police to investigate some of these allegations, but so far the commission has not been contacted by the police or the PG. But we don’t know anything about this. The AG should have met and spoke with the EC before making such a decision and then advising another institution [to take action].

LRM: What has been the outcome of the Maldives Broadcasting Commission (MBC)’s investigation into Villa TV (VTV) broadcasting programmes to incite hatred and create an uprising against the EC? Have any substantive actions been taken by MBC against VTV?

FT: We don’t know about the [outcome of the] MBC investigation. They said they will be taking actions against those broadcasting untruthful content. We know that VTV has stopped broadcasting the ‘Olhuvaalee Vote Ge Namugai’ (‘fraud in the name of the vote’) programme. But for a very long time they have been showing ‘Fasmanzaru’ (‘five horizons’), where various JP political party members or supporters just talk against the EC or against the election’s first round. Although what they have to say has no substance.

Saturday or Sunday we have to send a complaint letter to MBC. Again I have called MBC’s President Mohamed Shahyb and by phone have spoken to him about ‘Fasmanzaru’ [and the unsubstantiated claims its spreading].

LRM: How will the EC provide more timely information to media during the second round run-off to avoid the confusion created by inaccurate local media reports of polling station figures during the first round?

FT: We have not yet decided. I think we need more frequent refreshing of figures and will try to have more frequent reports from the EC on the 28th. If everything does not go well it may be difficult… we may not be able to go to the Dharubaaruge [convention centre in Male’]. We will try to have better updates through the internet, but will be focusing on communicating directly with the media.

Threats and protests

LRM: The ‘National Movement’ has announced they will raise their voices in protest if the Supreme Court doesn’t rule against the EC. They are calling for the EC to be reformed – with yourself, the Vice Chair Ahmed Fayaz, and commission member Ali Mohamed Manik resigning. Have previous JP protests and planned National Movement protests caused any problems for the EC? Why are they targeting the three of you?

FT: Even JP supporters – except the 20 or 30 people shouting on the streets – have accepted the first round results and are not causing any problems.

Thursday night around 10:30pm 20 or 30 protesters came near the EC Secretariat, shouted for 30 minutes and left. They were demanding my resignation and saying ‘thief of votes’ and that type of thing, they wanted the [first round] results cancelled and a fresh election to be held. Sometimes they ask for myself and the Vice Chair to resign, sometimes different EC members, and sometimes the entire commission.

These are a few unsatisfied people paid by somebody – who has the money – but they know they’re not shouting for any solid thing. They get on a loudspeaker [and protest] after somebody asks or pays them – they are doing it for that reason alone, not based on anything reasonable. If it was a public thing then I’d be more concerned. But this is just a few people and most are not educated. They don’t know what’s going on [with the election] or how the voting process works.

There are five members of the EC and all decisions are made by the five members. [However,] the Vice Chair Fayaz, member Manik, and I are the three members interacting the most with the public, on TV etc  – that’s why they are going against us.

LRM: What kind of threats have been made against EC members and/or staff?

FT: Some of us are getting threats from unknown people. I have received SMS messages saying ‘be careful when you come out on the street, you’ll be stabbed in the stomach’. We [commission members] have security provided by the police and we move around with them.

My wife has been scared. Two times people went near our home shouting [and protesting], but the police protected our home and stopped the people from coming too near.

LRM: Do you think the MPS can provide adequate security for EC members?

FT: Yes, the MPS is fully capable. I’m sure nobody can harm me. They have to look at a distance but can’t touch me. Of that I’m fully confident, I’m not scared. I’m confidant know what I’m doing is right and I have the support of the people and the whole international community – observers and monitors. They’ve seen the electoral process [during the first round], which they have commended, praised, and complemented. I’m very happy and am moving ahead with my duties. My work cannot be stopped by a few people. I have full confidence in myself and am moving ahead.

LRM: The JP, some of their supporters, and the National Movement have claimed the EC, its members and staff are biased toward MDP – will you clarify for the public whether there is any truth in this accusation?

FT: There’s no truth to that, it’s some kind of story that some of the opponents wanted to spread. This commission, all its members and staff, do not belong to any political party or align with any political party.

We have staff who are married to people from different political parties – PPM, MDP, DRP, etc – and police officers. Staff members’ spouses may belong to a political party, but that is their own interest and has nothing to do with the duties of our staff. I have full confidence in our staff, they are very faithful to their duties and this commission and would not do anything unjust. I’m confident in my staff and that none are aligned with the MDP.

If they [a particular politician or political party] don’t get the result they want from a particular institution, they tend to claim that institution is opposition-aligned. The MDP got the best result [Nasheed secured 45.45 percent of the vote], so this time the EC is accused of being MDP aligned. If Yameen won then the EC would be accused of being PPM aligned.

In another instance, right after the change of government [in February 2012] some said the Human Rights Commission of the Maldives (HRCM) was PPM aligned, because most of the decisions made were more likely to the advantage of PPM. That’s just the kind of talk that happens.

Run-off preparations

LRM: What kind of support are local and international partners providing the EC for the second round? Is anything additional needed prior to the run-off scheduled for the 28th?

FT: We are getting a lot of support from international and local partners. The Commonwealth has expressed their satisfaction with the EC’s professionalism and their continued support for the commission. They will be sending another observer team for the run-off. The EU sent different observer teams – from various countries – on the 7th and will most likely send more for the 28th. Observers from Japan, Thailand, India, UK, US, and a Pakistani Elections Commissioner were present during the first round and expressed their interest in observing the second round. They will most likely send more teams for the run-off. I think they will come before the 28th to see the place, visit other islands, and see how ready we are for the second round.

Transparency Maldives sent the observers nationwide and their report praised the electoral process. The HRCM also observed the first round and praised us on our work and confirmed everything during the election went well. The Maldivian Democracy Network also expressed their support and commended the work the EC has done.

LRM: How have EC members, staff, and their families been impacted by the controversy the commission has faced since the first round? How has this impacted run-off election preparations?

FT: Right now there is very heavy work we have left to do before the 28th. We are so busy we are working 24 hours a day and the EC staff works in shifts, half are sent home to sleep when the other half report in.

For example, in addition to the 470 ballot boxes necessary for the first round, the second round will require an additional box be placed in Riyadh, Saudi Arabia, and two more on tourist resorts that have applied to keep ballot boxes this round.

Everyone of us has to spend so much time in the office. We go early in the morning and stay until late at night, even on weekends, while our families are alone at home. Our families suffer, but they fully support us so we can fulfill our national duty.

It’s a very difficult job but I’m lucky to have the confidence of the people and [political party] leaders – even Gasim’s close people, President Waheed and President Nasheed know me well, and the honorable Yameen and Gayoom know and trust me. Even those who speak against me only speak for political gain or just to control their supporters.

I know what I’m doing is right and everything will be fine for elections to take place the 28th. We are fully ready for the second round. If we are able to hold on until the 28th then we will know the next president of the country.

LRM: Given the barrage of judicial, political, media and civil society actions against the EC, is the electoral environment still conducive to holding a free and fair presidential election on September 28?

FT: I think on the 28th of September the second round will go ahead as we have planned and have been working toward. There has been very little or no change [in the electoral environment] that would require we make any changes to our own program. Compared to last week, this week things have very much improved. I’m very confident things will calm down.

I’ve spoken to different people [representing political parties] and the most interesting thing is even those against us in the Supreme Court, they know there was nothing wrong with the election. Gasim’s employees, senior political party members, are trying to just give him a perspective that they did so much to cover up their failure to get Gasim the required number of votes [to proceed to the run-off]. They know the cases submitted in the High Court and Supreme Court are not going to give them any recount. Nothing will come out in their favour. They just want to go as far as they can go.

A lot of energy has been wasted by everyone – their people, our people, the Supreme Court.

I’m very hopeful the country will be ready for the run-off. We cannot keep this second round [from happening on schedule]. Particularly for the benefit of the country, to maintain the peace and harmony of our home [nation], we have to hold the second round.

If we fail, we will likely face more and more problems as the time passes. It will be in the interest of the government, all political parties, and all thoughtful citizens of the country to hold the run-off. Anybody trying to obstruct the election is unpatriotic.

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Human Rights Commission to post election observer teams

The Human Rights Commission of the Maldives (HRCM) will station election observer teams in 10 regions of the Maldives to “ensure that eligible voters are provided with the right to vote,” reports local media.

The situation in all parts of the Maldives will be monitored via phone and in addition to the Commission’s observer teams, a special team will also be in Male’ to “act in cases of emergency”, stressed the HRCM.

“Our staff have also been trained on how the police are allowed to use force during the elections,” HRCM President Mariyam Azra told local media on Thursday (August 15).

The HRCM has conducted a training program for the observers, in addition to meeting with the Elections Commission (EC), police and political parties in the run up to the September 7 presidential elections.

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Torture victims require redress, thwarted by institutionalised impunity

Maldivian victims of systemic and systematic torture that has been occurring for decades have yet to find redress, while the legacy of wide-scale human rights violations continues to be perpetuated by state institutions due to institutionalised impunity, government, state institutions and civil society organisations have said.

The Human Rights Commission of the Maldives (HRCM) has confirmed it is investigating three recent cases of detainees being tortured by Department of Penitentiary and Rehabilitation Services (DPRS) officers while in the Custodial Reception and Diagnostic Centre (Male’ Jail).

Officials from the HRCM visited Male’ Jail June 2, 2013 after the family of a detainee informed the HRCM on May 31, 2013 that the victim had been beaten by DPRS officers.

In March this year local media reported that the HRCM was investigating allegations of torture in Male’ prison, however due to authorities “not cooperating” with the investigation the HRCM team was forced to visit Maafushi Prison instead.

In response to the allegations, DPRS Commissioner Ahmed Shihan told CNM that thus far no warden was found to have been involved in the torture of detainees and if a prison warden was found to have acted unlawfully, action will be taken against the officer.

“We will keep monitoring to ensure that all wardens act according to the law,” said Shihan.

In May 2011, former Prisons Division Head of the DPRS Isthafa Ibrahim Manik was detained and questioned by police, after disturbing photographs of tortured victims in custody were obtained by the – now dissolved – Presidential Commission and leaked to the media.

While instances of Maldivians in state custody suffering human rights abuses remains problematic, it is symptomatic of a long standing history of torture that has yet to be remedied or seriously addressed.

“It is quite worrying that we keep hearing about accounts of torture in custody. These recent accounts are an indication of the consistence and continuing abuse in custody,” Maldivian Democracy Network (MDN)’s Executive Director Humaida ‘Humey’ Abdulghafoor told Minivan News yesterday (July 13).

“There is systemic and systematic abuse of detainees [in the Maldives], therefore the practice of torture is unlikely to just disappear over a short period of time,” she emphasised.

While the HRCM’s national preventative mechanism should protect people from the state committing human rights violations, Humaida believes this mandate has been inactive and not working effectively.

“The HRCM has a national preventative mechanism that legally obligates them to ensure mistreatment of prisoners is prevented from happening in jails,” she said.

“Monitoring and oversight is very important because of the history we have, but this mechanism is not working effectively,” she added.

Given the physical and psychological harm torture victims suffer that “cannot be dissociated”, supportive mechanisms that account for this trauma need to be established for Maldivians, explained Humaida.

“There must be an enabling environment for victims to come forward, which doesn’t seem to be there,” she said.

“Many families and victims are afraid and not willing to talk or report these violations because they feel intimidated [by the state] given the risks of revictimization and possible harassment,” she continued.

“Things on the surface may appear quiet, however that doesn’t mean everything is good,” she noted.

Humaida explained that without an enabling environment for victims to report the human rights abuses they have suffered, there is subsequently a lack of documentation and enquiries that would ultimately identify the root causes and/or perpetrators of torture in the Maldives.

“It is impossible for HRCM to know how this torture is happening without proper documentation and enquiries,” she said.

“The Torture Victims Association (TVA) is the only organisation doing such work,” according to Humaida. “The TVA [also] submitted torture victims’ testimonies to the HRCM February 6, 2012, which the victims were able to provide because they no longer felt afraid.”

“A report [by TVA and international NGO Redress] about ill treatment of prisoners was submitted to the HRCM in July 2012, containing the most concrete evidence produced regarding torture occurring while in detention,” she continued.

“Victims’ testimonies were also presented to the UN Human Rights Committee [July 2012 in Geneva], which made recommendations that the Maldives has not yet implemented,” she added.

Reports that included testimonies of police brutality, in addition to torture and ill-treatment of detainees in jail, were presented during the meeting held in relation the to International Convention on Civil and Political Rights, which the Maldives is a signatory.

It has been over a year since the reports were submitted and Humaida cited the “inactivity and apathy of authorities” as a possible reason there has not been any action to redress these past, wide-scale instances of torture.

“I’m very surprised the HRCM has not given updates on how these investigations are proceeding,” she said.

“[Additionally,] while they used to visit prisons regularly and produce reports, that is not something they seem to be doing anymore, which is also a concern,” she added.

HRCM mandate limited

The HRCM mandate specifies that the commission’s focus should be on incidents post-2000, however there is a clause that does allow investigations of past human rights violations if a case is “serious enough”, HRCM Vice President Ahmed Tholal explained to Minivan News yesterday (July 13).

“Torture occurs when state authorities function with impunity, which does not produce a society that is respectful toward human rights,” said Tholal.

He explained that the HRCM is coordinating a strategy to holistically approach past human rights violations on a wider scale.

“We have discussed as a commission how to address human rights violations on a wider scale and how to approach cases to systemically root out torture,” Tholal stated.

“It is very important to ensure absolvement of that feeling [state authorities function with impunity] amongst the people,” he continued.

“The Maldivian people need some sort of redress and closure,” he added.

In regard to the accounts of torture submitted to the HRCM last year by TVA and Redress, Tholal explained that if a human rights violation has occurred then the HRCM looks into the issue on a case by case basis and that allegations of torture submitted by the organisations are currently under investigation.

“We are currently looking into the complaints of each victim [from the reports]. However, some information and evidence is hard to come by,” said Tholal. “For example, we are not able to contact the actual people directly, we have to seek their contact information from the organisation. But we are trying to move as fast as we can.”

Institutionalised impunity

Meanwhile, the Commonwealth Ministerial Action Group (CMAG) was given an update on the current human rights situation in the Maldives this past April, by MDN in collaboration with the International Federation for Human Rights (FIDH).

The brief noted that while some steps have been taken in the past decade to reform institutions and investigate allegations of human right abuses, including torture committed by the security services, limited mandates, a lack institutional will, and senior officials publicly dismissing these concerns has prevented redress.

“A culture of impunity has been institutionalised for perpetrators of past human rights violations that… encourages the security forces to disregard the rule of law and commit further human rights abuses in impunity,” stated the brief.

In September 2012, FIDH released a report detailing the human rights situation in the Maldives, titled “From Sunrise to Sunset: Maldives backtracking on democracy”.

FIDH noted that the government of President Mohamed Waheed Hassan Manik has been accused of a wide range of human right violations, including violent harassment of street protesters, torture and harassment of pro-opposition media as wells as legal and physical harassment of the opposition.

“Practices to silence political dissent that had disappeared in the course of Nasheed’s presidency, have once again become prevalent under Mohamed Waheed’s presidency,” said FIDH.

Police station and prison torture

There are many accounts of the systematic and sustained use of torture within the state’s prisons and police stations perpetrated by military personnel, police, coast guard, and prison officers, according to the Redress/TVA report which included accounts of individuals who allege that they were tortured or ill-treated during former President Maumoon Gayoom’s regime between 1978-2008.

“Most victims were initially tortured or ill-treated during interrogation and questioning, either at police stations or at various detention centers,” stated the report. “Torture and ill-treatment continued in prisons and detention facilities, typically as a form of intimidation and punishment.”

“But until now, the victims of such treatment have not been provided with any justice for what has been done to them. Despite accepting that torture and ill-treatment occurred on a wide scale, the Maldives is yet to address its legacy,” the report noted.

The findings highlighted that “While there was no apparent limit to the forms of torture and ill-treatment used, many were quite specific to the island environment.”

Torture and ill-treatment of detainees was often inflicted outside the prison buildings, and guards appear to have been given free range to use whatever methods they choose, including: beatings, burning, being tied to palm trees, the use of high-pressure hoses, the use of stocks and other painful restraints as well as suspension, near drowning, being restrained and covered in sugar water to attract ants, subjection to noise and sleep deprivation, sexual abuse and sexual humiliation, etc., the report found.

The government of Maldives previously acknowledged that the use of torture was systematic in the country, as stated in its Universal Periodic Review report to the UN Human Rights Council in 2010.

However, current government officials deny torture and ill-treatment of detainees is problematic, and claim that human rights reports conducted by civil society organisations are subject to political bias in favor of the Maldivian Democratic Party (MDP).

Meanwhile, former President Mohamed Nasheed – a previous torture victim himself – pledged to institute structural changes to reform police and military institutions upon his re-election in September, during an MDP function held at the JW Marriott Hotel in Kuala Lumpur, Malaysia July 13.

The Department of Penitentiary and Rehabilitation Services (DPRS) and Maldives Police Service (MPS) had not responded to enquiries at time of press.

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NGO urges government to address “inadequate” child protection measures

A Maldivian NGO has criticised child protection measures currently in place in the country as “inadequate”, while urging government authorities to incorporate several key human rights obligations into domestic law.

Local NGO Advocating the Rights of Children (ARC) told Minivan News today (April 21) that although the Maldives has signed and agreed to be legally bound by the provisions in the Convention on the Rights of the Child (CRC) and its Optional Protocols, the commitments have yet to be adopted into law.

ARC said it therefore “strongly urged” the Maldivian government to ratify the CRC Optional Protocol on a Communications Procedure as soon as possible to “enhance child protection measures in the country and to uphold its international legal obligations and responsibilities under the convention.”

ARC today claimed that provisions outlined in the CRC had not been fully adopted by the state into domestic legislation, thereby limiting the promotion and protection of child rights.

“Even though there is work being done to protect children, it is not enough,” the organisation said.

“The CRC’s optional [communications] protocol allows individuals, a group of individuals or their representatives to submit complaints to the UN Committee on the Rights of the Child claiming to be victims of a violation by the state, of any rights enshrined in the convention or any of its optional protocols which the Maldives is a party to.

“What is very important is that children themselves or their parents can submit complaints if domestic [legal measures] have been exhausted,” ARC added.

ARC cited the recent example of the 15-year-old rape victim from the island of Feydhoo in Shaviyani Atoll who was convicted of premarital sex at the Juvenile Court in February and sentenced to 100 lashes and eight months of house arrest.

“The recent case of a 15-year old girl, whose rights were violated and abused by her step-father is a clear example of how domestic judicial and legal mechanisms failed to address and rectify the violation over a substantial period of time, at different levels,” ARC said.

“This is a situation where an individual complaint to the UN Committee could hold the government accountable even if the ‘domestic remedial system’, including judicial and legal mechanisms, fail to address the issue of abuse.

“Ratifying this optional protocol will help protect the rights of children as it could help reduce the number of cases in the Maldives where a lack of legislation, clarity and commitment to international human rights law allow serious injustices to proliferate,” ARC added.

Council heads and senior civil society figures have previously slammed the judiciary, state authorities and welfare groups over their systemic failure to protect the 15 year-old girl, despite her history of alleged sexual abuse dating back to 2009.

The 15-year-old’s case has brought international attention to the Maldives’ legal system, including the launch of an online Avaaz.org petition signed by over 2 million people that has threatened to boycott Maldivian tourism.  The sentencing of the minor has also come under high-profile public criticism from British multi-billionaire Sir Richard Branson, founder of the Virgin group of companies.

Former Attorney General Azima Shukoor has already appealed the court’s sentencing decision against the minor.

ARC said it hope ratifying the treaty in the Maldives would instill “a sense of transparency on child rights issues and encourage the government to be more accountable to its obligations.”

“The protocol is specifically designed to allow members of the public to submit complaints to an international body if children’s rights have been violated,” ARC added.

ARC said it had been informed by the Maldivian government that the ratification process had been started and was hoped to be concluded  “at the earliest opportunity”.

UNICEF’s view

The UN General Assembly adopted the CRC’s optional communications protocol (treaty) in December 2011.  Tt was first opened for signature in February 2012.  Currently only four countries have ratified the treaty, agreeing to be legally bound by its terms.

UNICEF Representative Zeba Tanvir Bukhari explained to Minivan News that the CRC’s optional communications protocol would require a minimum of 10 ratifications before the treaty enters into force.

“Signatures usually happen faster than ratification, however what is signed should be ratified to help enable implementation,” said Bukhari.

She added that achieving societal change in attitudes to child rights was difficult, but there were “many ways of managing” it in the Maldives.  Bukhari pointed to maintaining civil society pressure and media attention on the Maldivian government to ratify the CRC optional protocol, as two notable examples on how to secure such changes.

UNICEF previousy backed a study published by the Human Rights Commission of the Maldives (HRCM) in January of this year highlighting numerous policy deficiencies in children’s participation and protection.  These deficiencies were highlighted in the report as potentially putting Maldivian children at serious risk of harm.

Ultimately the report recommended that government and civil society organisations “push for a radical change in the traditional thinking which dominates Maldivian perceptions of children: children should be seen and not heard.”

The Maldives has ratified the Convention on the Rights of the Child (February 1991), the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (May 2002), and the Optional Protocol on the involvement of children in armed conflict (December 2004).

Legal obligations

A senior legal expert with experience of working under both the present and former governments spoke with Minivan News earlier this year about how minors were identified and viewed in the eyes of Maldivian law.

The legal source stated that the culpability of children was identified in a regulation called ‘Kuda kudhin kuraa kushuge masala thah balai, thahugeegu koh, insaafu koh, adhabu dhinumugai amalu kuraane gothuge gavaidu’.

The legal source said that the culpability of minors is specifically dealt with in section five of the regulations.

“According to section five, children above the age of 10 and below the age of 15 are criminally responsible for five offences, which are apostasy, treason, fornication, falsely accusing fornication and consumption of alcohol,” the source said.

“Children above 15 years are criminally responsible for their actions. With children who are below 10, parents are required to make good any damage because of a criminal act. There is no criminal liability for below 10.”

Meanwhile, neglect and abuse of children were reported to have increased to an “alarming level“, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment (April 7) that would transfer parental guardianship of children in cases of negligence.

Earlier this year, ARC called on the Maldivian government to pass legislation concerning the treatment of sexual abuse victims. The NGO also raised concerns over the potential impact on the state’s ability to prevent sexual offences following reductions to the state budget approved by parliament in December 2012.

ARC has identified a lack of specific legislation protecting rights for children and adults – despite the Special Measures Act 2009.

The NGO also previously called for reforms of the juvenile justice system and reform of the current protection mechanisms provided to minors who are kept in state run institutions, such as homes and foster programs.

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“Alarming” level of child abuse, neglect prompt Gender Ministry to push for guardianship amendment

Children’s neglect and abuse have increased to an “alarming level”, compelling the the Maldives’ Ministry of Gender, Family and Human Rights to submit an amendment that would transfer parental guardianship of children in cases of negligence.

The Ministry submitted the amendment to the president’s office Sunday (April 7), which would allow for strict legal action to be taken against neglectful parents, and guardianship to be transferred within the principles of Islamic Shari’a, according to local media.

Acting Gender Minister, Attorney General Aishath Azima Shakoor, said 59 cases of child sexual abuse were reported to the Gender Ministry in March and 37 of the abused children were transferred into state care.

She urged politicians and journalists to give more attention to the problem since “cases of neglect and abuse of children have increased to an alarming level”.

The number of babies abandoned after birth is also increasing, according to Minister of State for Gender and Family Dr Aminath Rameela. She noted “with dismay” that this “is being done by people with good jobs”.

Shakoor emphasised that “strict legal action” will be taken against parents who neglect their children.

“This is a situation the whole [Maldivian] society needs to take care of. Things need to be done to rehabilitate these children back into society,” said Shakoor.

“Non-profit organisations and private individuals should assume the responsibility of taking care of children who are abandoned by their parents until the children can be taken under the care of the state,” Shakoor added.

She said that close to 80 children were currently in the Villingili island orphanage ‘Kudakudhunge Hiya’ and that parents visit with gifts, but their children are “sad” the visits are brief.

The Ministry of Gender, Family and Human Rights, as well as the President’s Office were not responding to calls at time of press.

Problems with state care

The Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal previously stressed to Minivan News that the number of incidents occurring at state institutions caring for children were greatly concerning.

“Incidents are occurring repeatedly. Children under the care of the state need a safe environment; it’s a concerning issue.

“The fact is there is no special shelter or place for girls in trouble with the law. HRCM has raised the issue several times – both the need for education as well as psycho-social support and counselling,” Tholal added.

He said the Maldivian government has a responsibility to protect children from being “systemically” victimised, and once the state has been notified, children should not be put back in a situation of neglect or abuse.

“Vulnerable children are often from difficult families or are abandoned and are victimised over and over again. Currently [government] support is haphazard, and we are not properly equipped. A safety net needs to be established,” stated Tholal.

In March 2013, the Maldives’ Gender Ministry admitted transferring two children from the Villlingili island orphanage ‘Kudakudhunge Hiya’ to the Centre for People with Mental Disability on the island of Guraidhoo, without determining if they were in fact special needs children.

Earlier in March, police returned seven underage girls who escaped from the ‘Kudakudhinge Hiya’ orphanage on Villingili, otherwise known as Villi-Male’. Local newspaper ‘Haveeru’ reported another two girls who escaped from the orphanage were found on a ‘bokkura’ – a small local vessel – in the lagoon near Villingili with two boys.

In January 2013, an incident occurred where two underage females living in the Villingili orphanage were arrested and sent to Maafushi prison.

The parliamentary committee investigating their arrest learned that all concerning authorities had neglected their duties and responsibilities to protect the rights of children.

In 2011, police arrested a female staff member working at the Villingili children’s home, after she allegedly physically abused a boy living in the centre.

In October 2010, the Maldives Police Service and the Health Ministry commenced a joint investigation into “serious issues” concerning the mistreatment of children at Kudakudhinge Hiya, the only orphanage in the Maldives

Children’s rights

Tholal explained that the only other institutions for children are for boys, the Maafushi island Education and Training Centre for Children (ETCC) and Feydhoo Finolhu, a Correctional Training Centre for Children run by the Juvenile Justice Unit (JJU) of the Ministry of Home Affairs and the Maldives Police Service’s Child Protection Unit.

Acute staffing and budget shortfalls combined with the lack of children’s rights education and the exclusion of children’s feedback have “deprived [residents] of their liberty”. Staff caring for the children are often excluded from important decisions impacting children’s quality of life at the facilities, a recent HRCM report stated.

The report, ‘Child Participation in the Maldives: An assessment of knowledge’, highlights numerous participation and protection policy deficiencies putting Maldivian children at serious risk of harm.

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