“The world needs more political leaders like President Nasheed”: 350.org

Global climate justice NGO 350.org has reaffirmed that “urgent action is needed to address the climate crisis” in the Maldives, and that its continued active international leadership is “immensely important”.

In light of the IPCC’s findings and the danger sea level rise poses for the Maldives, 350.org has highlighted the essential international leadership role former President Mohamed Nasheed and the country have played for achieving climate justice.

“The IPCC’s 5th assessment report largely reaffirms what we already knew, and makes it abundantly clear that urgent action is needed the world-over. It is immensely important the Maldives to continue it’s active, leadership stance to go carbon neutral within a decade and advocate for more international action,” Will Bates, Global Campaigns Director and Co-Founder of 350.org told Minivan News.

The Intergovernmental Panel on Climate Changes’s fifth assessment report emphasised the importance of human influence on the climate change system.

“Warming of the climate system is unequivocal, and since the 1950s, many of the observed changes are unprecedented over decades to millennia. The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, sea level has risen, and the concentrations of greenhouse gases have increased,” read the report released last month.

“As the ocean warms, and glaciers and ice sheets reduce, global mean sea level will continue to rise [during the 21st century], but at a faster rate than we have experienced over the past 40 years,” said IPCC Working Group 1 Co-Chair, Qin Dahe.

The IPCC’s report “sounds the alarm for immediate action on climate change,” declared 350.org.

“The report, which is the most authoritative, comprehensive assessment of scientific knowledge on climate change, finds with near certainty that greenhouse gas emissions are warming the planet and that climate impacts are accelerating… Scientists have upped the certainty that humans are responsible for warming, increasing their confidence to 95%,” highlighted 350.org.

350.org has been building a global grassroots movement to solve the climate crisis. It has coordinated over 20,000 climate demonstrations in more than 182 countries since the organisation’s founding in 2008.

350 parts per million is what many scientists, climate experts, and progressive national governments are now saying is the safe upper limit for carbon dioxide in the Earth’s atmosphere.

“The world needs more political leaders like President Nasheed”: 350.org

Bates noted that former President Nasheed has been an integral figure for the global climate justice movement.

“President Nasheed’s courageous and creative actions to confront the true scale of the climate crisis in 2009 and 2010 were a powerful wake-up call for the world. Hearing from an entire nation about the imminent threat to their future through their democratically elected president, and seeing their actions to address the crisis was an inspiration for the rest of the world to step up our efforts to address the climate crisis,” Bates stated.

“The world needs more political leaders like President Nasheed who understand the severity of the threat, and who speak and act truthfully in response,” he added.

The NGO also believes President Nasheed’s leadership within the Maldives has benefited the nation’s domestic climate justice movement.

“I believe it was in part thanks to the openness and freedom given to civil society in general during his administration that allows young people and NGOs to organize on climate change above and beyond what President Nasheed was working on at the national policy and international levels,” said Bates.

“No doubt his efforts to have the Maldives go carbon neutral in a decade was a powerful act of leadership that more governments around the world should be following as well,” he added.

“We support human rights and a free and fair democratic process in the Maldives,” Bates noted in regard to Nasheed’s ongoing domestic efforts to ensure these values are upheld.

Although he emphasised that 350.org is not directly involved in Nasheed’s political struggles at home, Bates explained how the non-violent direct action strategy 350.org employs can benefit the Maldives in its fight for climate justice as well as democratisation.

“Social movements around the world have proven the power of non-violent direct action as a means of creating change, political and otherwise,” he said.

“President Nasheed’s underwater cabinet meeting in 2009 was a particularly creative form of action, and there are countless ways that different non-violent tactics – from marches and rallies to culture-jamming and online memes – can enhance struggles against climate change as well as for promoting democracy and fair elections,” he continued.

“We’ve seen incredibly creative actions in the Maldives by grassroots activists fighting climate change too and with such international concern for the political situation there, similar tactics could be employed at the current time with great effect,” he added.

Nasheed has often spoken of the close interrelationship between climate change, human rights, and democracy, particularly since his February 7, 2012 controversial transfer of power, and 350.org has echoed this belief.

“Human rights and climate justice are very clearly inextricably linked as the climate crisis infringes on people’s access to food, water, health, and general security. Furthermore, the causes of the climate crisis, such as the extraction and burning of fossil fuels and cutting down forests have immense human rights implications. Meanwhile many the solutions, such as more decentralized renewable energy infrastructure, are in many ways a step towards democratizing more of how our world works,” said Bates.

“Although that is not to say that countries that exist with undemocratic systems of government can’t also enact solutions to achieve greater human rights and climate justice,” he added.

Extreme sea level rise threats

“The rate of sea level rise will very likely exceed that observed during 1971–2010 due to increased ocean warming and increased loss of mass from glaciers and ice sheets,” all prospective scenarios in the IPCC’s report projected.

Sea level is expected to rise between 0.26 metres (0.85 feet) and 0.98 metres (3.22 feet) by 2100, depending on the amount of greenhouse gas emissions produced this century, it added.

While these projections represent the possible low and high extreme scenarios of sea level rise, small island states – such as the Maldives – are especially vulnerable, the IPCC previously stressed in it’s fourth assessment report.

With over 80 percent of the land area in the Maldives being less than a meter (3.28 feet) above mean sea level, “the slightest rise in sea level will prove extremely threatening,” UNDP Maldives previously declared. “A rise in sea levels by 0.50 meters could see significant portions of the islands being washed away by erosion or being inundated [by the ocean].”

“Even now some islands are seriously affected by loss not only of shoreline but also of houses, schools and other infrastructure,” it continued.

Not only is the Maldives extremely vulnerable to sea level rise, other climate change impacts – including extreme weather events, coral bleaching and acidification – which exacerbate these negative effects, it added.

Earlier this year the World Bank also expressed the urgent need for concerted efforts to support the Maldives in adapting to climate change due to sea level rise projections.

Additionally, the UN’s 2013 global human development report highlighted inequality and climate change vulnerabilities as major concerns for the Maldives, despite the country’s “significant economic growth” in recent years.

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Shaheed more “actor than rapporteur”: Iran’s human rights chief

Iranian officials have accused former Maldivian foreign minister Dr Ahmed Shaheed, subsequently appointed UN Special Rapporteur on Iran, of failing to perform his duties adequately.

The Secretary General of Iran’s High Council for Human Rights  labelled Dr Shaheed “more of an actor than a rapporteur”, suggesting that he had been acting like an inspector rather than a rapporteur according to the Tehran Times.

Mohammad Javad Larijani at the same time rejected Shaheed’s requests to visit the Islamic republic, stating: “I believe that the request is not serious.”

“I believe that in view of the measures taken by Ahmed Shaheed and the show of interviews launched by him, he is more of an actor than a rapporteur,” he added.

Dr Shaheed was appointed Special Rapporteur on Human Rights in Iran in 2011 – the first time a Maldivian has held such a position.

The decision to establish a Special Rapporteur on Iran was made in 2011 after the deterioration of human rights in the country following the 2009 election.

The mandate for the position includes investigating human rights abuses and undertaking country visits in order to report back to the General Assembly.

The Tehran Times also quoted Iran’s Foreign Ministry Spokesman, who also attacked Dr Shaheed.

“He has not acted fairly and has played the role of the opposition, and his measures have been outside the purview of a UN rapporteur,” the paper quoted Abbas Araqchi as saying.

The spokesman is reported to have said that Iran has no intention of allowing Shaheed into the country until his approach is “modified”.

Shaheed is scheduled to report his recent findings to the General Assembly in October.

In his last report in March, he informed the UN Human Rights Council that Iran’s human rights violations had increased in the past two years.

In a list of recommendations, he urged Iran to “extend its full cooperation to the country mandate-holder by engaging in a substantive and constructive dialogue and facilitating a visit the country.”

Iran’s official response to this report described it as “biased” and as disregarding the “realities on the ground” and “principles of transparency, fairness and impartiality”.

Speaking with the Canadian media last month, Dr Shaheed had expressed hope that the new administration of President Hasan Rohani would result in greater opportunities for dialogue.

“Skepticism borne out of previous experience should not make us blind to opportunities,” he told the New Canadian Media website.

Shaheed’s chief critic, Larijani, made headlines last year when he reportedly described homosexuality as a “disease”.

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Political bias limiting right to information: panel

The biased editorial practices of media outlets owned by politicians is one of the major impediments preventing the right to information from being upheld in the Maldives, journalists and civil society actors highlighted during discussion panels organised by the US Embassy this week.

Maldivian journalists and NGO leaders met with representatives from the US Embassy, the UN, as well as a US attorney representing the American Society of News Editors, Kevin Goldberg, to discuss the current status and future efforts needed to protect this human right in the Maldives.

The state is the guardian of information and the public have a right to access that information, according to the forum.

This is essential for not only holding the government accountable to the public – so residents of the Maldives can understand what the government is doing for the people – but also for instilling public trust in government institutions.

Any type of information, including documents, electronic records, audio, video, etc., produced, held or maintained by a state institution should be easily accessible. Uninhibited access to events held in the public domain, such as protests, are also protected, the forum was informed.

Journalists and NGO representatives alike noted the lack of cooperation from government institutions as well as the shortcomings of media outlets in disseminating balanced information.

The media discussion panel held Monday (August 12) was nonetheless poorly attended, with three journalists from Sun Online, one Maldives Media Council (MMC) official, and one Minivan News representative participating.

While two Maldives National Broadcasting Corporation (MNBC), also known as Television Maldives (TVM), reporters were present during part of Attorney Kevin Goldberg’s opening remarks, they left prior to the group discussion taking place. No representatives from the Maldives Broadcasting Commission (MBC), Raajje TV, Villa TV (VTV), DhiTV, Haveeru News, Channel News Maldives (CNM), Miadhu News, or Minivan Radio attended the event.

Although the panel was small, discussion was lively, with everyone in attendance concerned about editorial policies that catered to the government or a specific political party, which they said had staunched the flow of information reaching the Maldivian public.

Unbalanced reporting in favor of the state during the February 2012 controversial transfer of power that followed former President Mohamed Nasheed’s resignation, as well as government authorities cutting Maldivian Democratic Party (MDP) aligned-Raajje TV’s feed, were highlighted as concerns.

In addition to the need for a culture of balanced, ethical reporting, journalists highlighted the difficulty in obtaining information from various government representatives and institutions.

Goldberg noted that “information delayed is information denied”, and that procedural mechanisms should be in place to allow the public, including journalists, easy access information. The state should “proactively disclose” information of public interest, individuals “shouldn’t have to ask for it”, he said, explaining that readily available information was as much a means for public officials to protect themselves from the media as it was for the media in conducting investigative journalism.

Goldberg, as well as the Human Rights Advisor to the UN Resident Coordinator’s Office, Safir Syed, stated that MBC’s requirement that journalists be licensed to enter a protest was a human rights violation.

Goldberg emphasised that it takes time to build enough collective momentum to effectively pressure a government to uphold the right to information, and that collaboration between media outlets and civil society was essential to do so.

NGO representatives echoed the concerns noted by journalists during the discussion panel held Tuesday (August 13) and emphasised that unethical reporting and the media’s lack of cooperation with NGOs had limited civil society’s trust of local media outlets.

The inability to appeal to the judiciary to obtaining access to public information was also highlighted as a problem.

Transparency Maldives Project Director Aiman Rasheed explained to Minivan News that while Article 19 of the Maldivian Constitution guarantees the right to information, current practice was limited to the executive. He added that the right to information regime needs to be spread across all state institutions, including the judiciary, parliament, independent commissions and state companies.

Furthermore, the Maldives is a signatory to the International Convention on Civil and Political Rights (ICCPR), which also protects this human right.

“The right to information is important for citizens to make informed choices, participate in the democratic process, and hold the government accountable,” said Rasheed. “Freedom of information is a key prerequisite for democracy.”

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US government pledges US$9.7 million for Maldives climate change adaptation, election preparations

The United States government has pledged US$9.7 million (MVR 149 million) to the Maldives as technical assistance for climate change adaptation and election preparations.

The memorandum of understanding (MoU) between the two nations was signed yesterday afternoon (July 7) by the Maldives Ministry of Foreign Affairs Ambassador-at-large Abdul Azeez Yoosuf and U.S. Agency for International Development (USAID) Acting Mission Director Todd Sorenson.

The United States Ambassador to Sri Lanka and the Maldives Michele J Sison highlighted the importance of the agreement during the American Embassy’s Independence Day reception held last night (July 7) in Male’.

“The MoU will allow us to expand and enhance our bilateral cooperation, it is a truly special day… [it is my] sincere hope that the many ties that bind our two nations will grow ever stronger,” Sison stated.

Under the MoU, USAID will provide US$7.2 million for a global climate change adaptation project, and US$2.5 million as technical assistance for election preparations.

The Ambassador highlighted the importance of consolidating democracy and promoting the integrity of the electoral process prior to the September 7 presidential elections as the impetus for the US working with Maldivian partners to prepare for elections. One of the new programs covered under the MOU, through USAID, was launched by the U.S.-based International Foundation for Electoral Systems (IFES).

“These efforts will promote the integrity of the electoral process in Maldives in advance of the September 2013 presidential elections, but also support efforts aimed at the local council and parliamentary elections which are to follow [in 2014],” said Sison.

“The US has urged all parties all actors here to work together to chart a positive way forward that respects the Maldivian constitution, Maldivian democratic institutions, human rights and the will of the Maldivian people,” she continued.

“As such, we’ve called on all sides here to work closely together to ensure the elections in Maldives are free, fair, transparent, credible and inclusive and that the results are accepted by all stakeholders,” she added.

The US government in partnership with the UN is also “actively supporting” a small grants program for Maldivian civil society.

“Democracy – good governance – is not just about elections it’s about the process of governance and the interaction between the government and the people,” noted Sison. “Which is why… we are looking to support projects to enhance the democratic space and to effectively engage civil society organisations in promoting good governance.”

“The US is proud to be supporting Maldivian efforts to strengthen civil society and consolidate the democratic transition,” she added.

The Ambassador also reflected on the founding of the United States, the evolution of democracy within the country over the last 237 years, and the democratisation process in the Maldives. She noted the personal responsibility of citizens to strive toward a more perfect union by pushing forward, speaking out when there is injustice, and advocating for those who cannot advocate for themselves, as President Barack Obama noted in a 2008 presidential campaign speech.

“I thought of those words – both of our founding fathers and of President Obama – as I thought about the Maldives, because in the coming weeks and months ahead, reflecting the vibrancy of Maldivian institutions, the Maldivian people will once again make their voices heard in a democratic process,” said Sison.

The American Embassy’s other current initiatives include “robust USAID projects” aimed at increasing Maldivian capacity to cope with the impact of climate change and improving water security. USAID is also working with the Maldivian government to identify additional areas of cooperation related to climate change adaptation.

The US is also becoming “increasingly active” in the Maldivian economic and commercial sector.

“I’m happy to report that a number of other US companies are looking to expand their operations here, their presence and investment in the Maldivian economy,” noted Sison.

Furthermore, US initiatives have also been extend to the education sector with the “Access English Language” teaching program – with programs in Male’, Addu City, and Kulhudhuffushi in Haa Dhaal Atoll – and “Access Microscholarship”.

“The goal of these english language enrichment microschoarlips is to enable Maldivian secondary school students to pursue higher education and to increase their employment opportunities – we hope – in the job market,” Sison explained.

She also noted that US is “very proud” that the cooperation, joint exercises, and training endeavours conducted with the Maldives National Defence Force (MNDF) and the Maldives Police Service remain “very strong and robust”.

“The US knows that all of you are as committed as we are to the prosperity of Maldives, to the democracy of Maldives, and to the well being of Maldives. We hope to work together with you in a way that will inspire and benefit future generations of young Maldivians,” the ambassador concluded.

Maldives’ Minister of Defence Mohamed Nazim assured the attendees of the US Embassy’s independence day event – who included the Indian High Commissioner Rajeev Shahare, various UN agency officials, and Maldivian government ministers – that the government of Maldives was committed to ensuring elections were “free, fair and competitive”.

“Exactly two months from today maldives will vote in a historic election to elect a president,” said Nazim.

“Free and fair elections are the strongest and most visible manifestations of a country’s democratic development. The Maldives remains committed to moving forward to consolidating democracy,” he stated. “We are continuing to further strengthen our democratic institutions.”

“We are grateful to the United States for the Maldives election program 2013-14 which will contribute profoundly to strengthen the capacity of state institutions and civil society organisations in preparing for the presidential elections,” he added.

Nazim also highlighted other “key global issues of mutual concern” both governments and working closely on, particularly in the areas of national defence, promoting democracy and the respect of fundamental human rights, as well as climate change adaptation.

“The Maldives-US defence cooperation which has been vital in enhancing our national defence capabilities,” he noted.

“Climate change is an existential threat to the Maldives. As a low-lying state, no country is more vulnerable and none is more committed to increasing investments in renewable energy,” said Nazim. “I salute President Obama for his recent initiative aimed at finding a global solution to the question of climate change.”

“Climate change is too critical an issue to be left unaddressed. We need to find solutions and be ready to make hard decisions and hard choices,” he added.

“The relationship is based on a solid foundation of friendship, shared beliefs, and mutual respect. The US continues to be a close partner of Maldives through diverse spheres and greatly contributes toward the socio-economic development of the country,” Nazim concluded.

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Maldives failing to uphold international human rights obligations: Forum Asia

The Maldives has failed to uphold its obligations to core international human rights treaties related to freedom of expression, assembly and association, the regional NGO Forum Asia has concluded.

The Asian Forum for Human Rights and Development (Forum Asia) – a regional human rights NGO with 47 member organisations from 16 Asian countries – evaluated the promotion and protection of these core human rights in the Maldives in regard to September’s presidential elections during their recent mission to the Maldives.

Forum Asia noted the “shortcomings in the laws relating to freedom of assembly”, particularly relating to the “shrinking space” for the exercise of the right to assemble as well as the right of all workers to associate and assemble, during their press conference held Saturday (June 22).

Reports of security forces engaging in excessive use of force to prevent and disburse assemblies, also “concerned” the Forum Asia mission.

Security personnel were urged to exercise restraint and refrain from using excessive force, irritants, or dyes on assemblies, while the Police Integrity Commission (PIC) has been asked to closely monitor and prevent such situations, said Forum Asia.

“We hope that the PIC and the security forces will work together to ensure they are able to resort to reasonable and internationally accepted means while engaging with assemblies,” said Forum Asia’s South Asian Programme Officer Gayatri Khandhadai. “Similarly we hope that all protesters also resort to peaceful and democratic means while exercising their right to assembly.”

“We are particularly also worried about the restrictions placed on journalists covering these protests,” she added.

Khandhadai highlighted that it is unrealistic for journalists to seek accreditation for different types of events – protests, cultural events, etc – given the time and energy involved in the registration process.

“Media is the platform that brings information to the people, so media must have free access. we have requested to amend the laws on the basis of practicality because Maldives also belongs to the civilized world of the 21st century,” said Forum Asia Chairperson Subodh Raj Pyakurel.

“It may be legal to put some kind of regulation and restriction process etc, but this is not legitimate, because one journalist can go anywhere, anywhere, informally,” he noted.

Forum Asia also identified “difficulties faced by the various associations”, including NGOs, professional associations, trade unions, community based organisations, and political parties, in the Maldives attributed to “unclear regulations, especially relating to registration.”

Human rights perspective needed

The limitations codified in the ‘Freedom of Peaceful Assembly Act’ “must be amended to meet constitutional guarantees and international norms”, the organisation stated.

“There has to be a method – on paper and in practice – for what are the different peaceful engagements you have to have with the crowds,” said Khandhadai.

“These rights are particularly important to ensure ahead of elections” and to guarantee peaceful and inclusive elections occur, she added.

The Government of Maldives was also compelled to implement recommendations made by the Human Rights Commission of the Maldives (HRCM) and PIC.

Additionally, political parties were requested to “adopt a human rights perspective and formally include the promotion of human rights in their official agendas and manifestos prior to elections”.

The Forum Asia mission also “implored the Maldives’ government, judiciary, legislature, independent commissions and media to develop and strengthen their engagement with civil society organisations, which are essential for a healthy democracy”.

Meanwhile, civil society and human rights defenders within the Maldives were encouraged to unite in solidarity and engage with the state to promote a culture of human rights in the country, said Forum Asia.

Use of force disastrous

Having less than 10 percent of Male’ available for protests is “quite a worrisome issue”, said Khandhadai.

Unprovoked actions against demonstrators have been seen in the Maldives and it is necessary to identify whether that use of force could have been avoided or not, as well as whether the crowd was posing a threat, noted Khandhadai.

“The points to be taken into consideration are what would have happened if that force was not used,” she explained. “If any other means could have been put in place to disperse that crowd, or even if that crowd needed to be disbursed to start with.”

“I’m particularly worried about the sanction of the use of irritants in a space like Male, which is particularly small… and shrinks the already small area where people can protest,” she continued.

Sanctioned or encouraged use of force within that small space “will become very, very difficult and disastrous even,” Khandhadai added. “The only solution is to promote a culture of peaceful engagement.”

Pyakurel echoed these sentiments and emphasised that holding democratic elections means maximising public mobilization.

“During the elections we always expect that each and every citizen has the opp to interact and understand,” he noted.

“People [protesting] become destructive only when they are restricted, if you don’t restrict them they don’t become destructive,” he continued.

“Discipline is a must but it should be regulated through a very concrete and specific law, not the will of the [police] officer – that creates a problem,” he added.

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Maldives “fully implements” three of UN’s 145 human rights recommendations: UPR mid-term assessment

The Maldives has “fully implemented” only three of the UN Human Rights Council’s 145 recommendations since its Universal Periodic Review (UPR) in March 2011.

A mid-term assessment of the Maldives’ commitment to human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR), stated that 12 recommendations had been “partially implemented”, 33 “not implemented” – or rejected outright – while 96 recommendations received “no response”.

Recommendations fully implemented included provisions relating to accepting the Rome Statute of the International Criminal Court (ICC), and the withdrawal of certain reservations to the Convention to Eliminate All Forms of Discrimination Against Women (CEDAW).

The UPR report sought comment from assorted NGOs, the Maldivian state and the Human Rights Commission of the Maldives (HRCM) in compiling the progress so far.

It noted that while the Maldivian government had made a formal commitment to provide a mid-term report, “it did not respond to our enquiry.”

“[HRCM] did not respond to our enquiry either.”

In the absence of input from the government or the country’s national human rights body, the majority of responses and comments on the recommendations were provided by three NGOS: Earthjustice & Human Rights Advocates (EJ+HRA), Friends of Maldives (FOM), and the Global Initiative to End All Corporal Punishment of Children (GIEACPC).

Treatment of minorities

In response to a recommendation from Norway that the government try to promote tolerance towards migrants in the Maldives, FOM stated it was unaware of any efforts to prevent stigmatisation.

“The stigmatisation has risen to concerning levels, especially towards Bangladeshi, Indian and Srilankan labourers,” FOM stated.

FOM noted that a bill on the Prohibition of Human Trafficking and People Smuggling had been submitted to parliament in December 2012, but said this had not yet been tabled for discussion and had not been subject to consultation with either the public or the NGO sector.

Regarding a recommendation for laws concerning the treatment and human rights of the physically and mentally disabled, “Legislation protecting persons with physical and mental disabilities seem to be of little or no interest within lawmakers,” observed FOM. “There is very little awareness on the importance of this matter. This is particularly concerning in the areas of law enforcement. For example, there are no protocols within the police service when dealing with persons with physical or mental disabilities.”

Treatment of women and children

In response to a recommendation that the Maldives abolish corporal punishment and the practice of public flogging, particularly of women and children, GIEACPC noted that the draft penal code included a legal defence for the use of corporal punishment in the home “under the concept of ‘justifiable force’ on a child for the ‘prevention or punishment of his misconduct’, providing this does not result in ‘death, serious bodily
injury, extreme or unnecessary pain or distress’.”

“The draft was recently amended to provide for Sharia punishments, including amputation, though it is unclear as yet if this would be imposed on child offenders,” GIEACPC noted.

FOM noted that despite the government’s ratification of the CEDAW and withdrawal of reservations to certain clauses, “women in the Maldives still face corporal punishment, notably with the recent case of a 15 year-old girl condemned to flogging despite being the victim of sexual abuse.”

FOM observed that there was a “clear rejection by the judiciary to reform, and this has been a major challenge that the Parliament, Executive as well as the civil society have been facing for the past years.”

Bringing domestic laws concerning marriage, divorce, inheritance, equal rights, and sexual and domestic violence and abuse in line with CEDAW was “particularly difficult” due to the country’s extremely narrow interpretation of Sharia and its strict application, stated FOM.

Issues relating to the rights of women remained “still highly controversial between the government and NGOs”, FOM observed, noting that this was possibly due to the government’s alliance with the Adhaalath Party, “a political movement that is seen to have more fundamental views and narrow interpretations of the Islamic Sharia, which has negative effects in terms of rights of women and girls.”

FOM also highlighted a growing trend of “families withdrawing girls from school in the name of religion.”

“These girls are then coerced into marriage in ages as early as nine to twelve years. There have been no visible efforts to control this or protect the right to education of these children. Although regulations prescribe that the age for marriage is 18, religious fundamentalists take refuge in Islamic Sharia over these matters and withhold that the consent of these girls are in the hands of their fathers or guardians. No efforts to prevent or react to these incidents have been seen in the Maldives,” FOM noted.

Justice system

Despite “elevated public discontent” over the state of the judiciary, formal dialogue as to its reform had been limited, FOM noted.

Regarding a recommendation by Malaysia that the Maldives accept offers of human rights training for judges and judicial staff, FOM responded that it was “aware that several international organisations as well as some local NGOs offered funds and programs in order to enhance the knowledge of human rights for judges, and that such funds exist presently, namely with the UNDP. However the judiciary have on several occasions ignored or avoided such offers for enhancement of knowledge.”

While a voluntary code of conduct for judges had been developed by the Judicial Service Commission, “the implementation of this code is not monitored. In addition
the general public view is that the code needs several amendments.”

Meanwhile, a report containing recommendations by the UN Special Rapporteur for the Independence of Judges and Lawyers had met with no response from the government, and public dismissal by several members of parliament.

Human rights

FOM observed a “serious deterioration in [the Maldives] process of promoting and protection of human rights”, with “continued confrontations between the law enforcement and protesters calling for fundamental rights and freedoms have resulted in excessive police brutality, obstruction of the right to assembly through the amendment of the existing Regulations on Assembly, several physical attacks and threats on journalists and many more such incidents which have been ignored by the relevant authorities.”

“Members of the police force who are seen on video clips to have brutalised protesters have since been given promotions. A single case of police brutality that the Police Integrity Commission investigated and which the Prosecutor General charged for, was rejected by the Criminal Court,” FOM noted.

Responding to a recommendation by France that the Maldives ensure the safety of journalists, FOM noted that “the situation of the journalists are such that they are targeted and harassed for what they report on. Some received physical threats and it is believed that politically motivated attacks on journalists have left them fighting for their lives.”

UNHRC Panel report

A delegation from the Maldives defended the Maldives’ human rights record before the UNHRC in July 2012.

It was headed by Home Minister Dr Mohamed Jameel, former Justice Minister during the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012.

Dr Jameel was accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam.

Asked by a panellist whether the country was seeking to reconcile human rights with Islam, Dr Jameel responded that human rights in the Maldives streamlined with Islam “with very few minor exceptions.”

“The general acceptance of Muslim jurists is that Islamic human rights were there long before we subscribed to universal human rights,” he said.

“We declare that there are no apparent contradictions between human rights and what is there in the Maldives constitution.”

On the subject of justice, Dr Jameel emphasised that any citizen could bring their grievances before the judiciary, over which the executive had “little or no influence.”

Following the delegation’s defence, the UNHRC recommended “radical changes” to Maldivian law to ensure compliance with the International Covenant on Civil and Political Rights (ICCPR).

These changes include the abolition of the death penalty, compensation for “systematic and systemic torture,” withdrawal of reservations to the ICCPR’s Article 18 regarding freedom of religion and belief, and reforming the country’s judiciary.

A panel member during the UNHRC session itself also noted the “troubling role of the judiciary at the centre” of the controversial transfer of power on February 7.

“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” the panel member observed.

Read the UPR mid-term assessment

Correction: An earlier version of this article incorrectly stated that the UPR was conducted in 2012. The Maldives UPR held between 4 November 2010 and 27 March 2011. On 4 November 2010, the Maldives performance was reviewed, queried, debated and responded to in a 3 hour discussion in which nearly 150 recommendations were made. After this discussion, a report was compiled and in March 2011, the Maldives gave a commitment to implement 145 of those recommendations.

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Maldives UN team calls for abolition of death penalty, flogging

The UN country team in the Maldives has issued a statement calling for the abolition of both corporal punishment and the death penalty in the Maldives.

While the Maldives still issues death sentences, these have traditionally been commuted to life sentences by presidential decree since the execution of Hakim Didi in 1954, for the crime of practicing black magic.

Recent calls for presidential clemency to be blocked led former attorney general Azima Shukoor to draft a bill favouring the implementation of the penalty via lethal injection. It was met with opposition by several religious groups such as the NGO Jamiyyathul Salaf, which called for the draft to be amended in favour of beheadings or firing squads.

More recently, the state has called for a High Court verdict on whether the practice of presidential clemency can be annulled.

The Maldives continues to issue and implement flogging sentences for certain crimes, notably extra-marital sex. The vast majority of those sentenced are women.

An earlier call by UN High Rights Commissioner Navi Pillay in 2011 calling for a moratorium on flogging as a punishment for extramarital sex led to protesters gathering outside the UN building, carrying placards with angry slogans including “Islam is not a toy”, “Ban UN” and “Flog Pillay”.

Earlier this year, widespread global publicity of such a sentence handed to a 15 year-old rape victim led to two million people signing an Avaaz petition calling for an end to the practice of flogging in the Maldives.

In its statement, the UN team in the Maldives called for the Maldives to ensure its legislation and practices fulfilled the international human rights obligations to which it was signatory.

“The Maldives made a commitment following its Universal Periodic Review by the United Nations Human Rights Council in 2010 to maintain a moratorium on the death penalty, in line with its vote in favour of UN General Assembly Resolution 65/206,” the UN statement read.

“In view of the country’s more than 50-year moratorium, the United Nations calls upon the Maldives to take the opportunity to reaffirm its commitment to its international human rights obligations, and abolish the death penalty,” it added.

The UN noted that flogging as a punishment was prohibited under the Maldives’ international commitment “to prohibit torture and other cruel, inhuman, or degrading treatment or punishment under the International Covenant on Civil and Political Rights, the Convention on the Rights of the Child, and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment” – to which all three the Maldives has signed.

“The United Nations Country Team notes with particular concern the possibility in the Maldives of sentences of death, as well as corporal punishment to persons who committed crimes while below 18 years of age. These concerns have also been expressed to the Maldives by the United Nations Human Rights Committee in 2012, and the United Nations Committee on the Rights of the Child in 2007,” the statement read.

“Article 6(5) of the International Covenant on Civil and Political Rights provides, ‘Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age’,” it noted, “while Article 37(a) of the Convention on the Rights of the Child provides, ‘No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Neither capital punishment nor life imprisonment without possibility of release shall be imposed for offences committed by persons below eighteen years of age.’”

The UN noted that more than 150 countries have no either abolished the death penalty or ceased to practice it, “a global trend also seen among countries of the Organisation of Islamic Cooperation.”

“The United Nations Country Team stands ready to support the Maldives to ensure its legislation and practices fulfil its international human rights obligations,” it added.

Earlier in May the Juvenile Court issued the death sentence to two 18 year-olds found guilty of the February 18, 2012 murder of Abdul Muheeth of Galolhu Veyru House.

Three minors were charged in the case, and one was acquitted by the court. The two sentenced to death are both 18 years-old, although both were underage and minors at the time of the murder.

The sentencing led Amnesty International’s Deputy Asia-Pacific Director Polly Truscott to warn that the Maldives was “entering new and dangerous territory – imposing death sentences for crimes allegedly committed by children is alarming.”

The death penalty is widely supported in the Maldives as either adherence to stricter interpretations of Islamic Sharia, or as a perceived method of reducing violent crime.

Public opposition to the death penalty tends to rest more on a widespread lack of trust in the capabilities of the judiciary to implement such punishments fairly, with 50 percent of the country’s 207 judges reported to have less than grade seven education, rather than objections on human rights grounds.

Current revision to the new penal code by the parliamentary committee responsible have been challenged on religious grounds by figures such as Sheikh Ilyas of the Adhaalath Party – presently in coalition with President Mohamed Waheed’s Gaumee Ithihaad Party (GIP).

The chair of the religious conservative AP’s scholars’ council and member of the Fiqh Academy was summoned to the committee last week after claiming that the draft legislation (in Dhivehi) did not include Shariah penalties for fornication, apostasy and violent robbery.

The initial draft of the penal code was prepared by legal expert Professor Paul H Robinson and the University of Pennsylvania Law School of the United States, upon the request of the Attorney General in January 2006. The project was supported by the United Nations Development Program (UNDP).

“If it is passed, there is no doubt that there will be no religion in this Muslim society that claims to be 100 percent Muslim. There will be no Islamic punishments,” Sheikh Ilyas stated in a sermon delivered at the Furqan mosque in Male’ on March 23.

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Government claims committed to flogging reforms as UK omits Maldives from FCO’s list of human rights “concerns”

The government has said it continues to pursue legal reforms over the use of punishments like flogging as the UK Foreign Office opts against listing the Maldives as a country of concern for human rights abuses this year.

With foreign governments and international NGOs continuing to raise concerns about a flogging sentence handed to a 15 year-old girl in the Maldives, the President’s Office maintained that the matter had already been appealed by the state as part of efforts for wider legal reforms.

However, the government this week maintained its previous stance that any changes to current legal practices over the treatment of victims of sexual offences could not be enforced in the space of a single day – requiring gradual implementation.

The comments were made after UK High Commissioner to Sri Lanka and the Maldives John Rankin this month said that the Maldives had not been listed as a country of concern in the latest annual human rights report from the Foreign and Commonwealth Office (FCO).

Responding to a question about the omission of the Maldives from the list, High Commissioner Rankin, speaking in his 16th official video message, said the country did not presently fit the criteria of a country of concern in terms of human rights violations.

“In considering which countries to specifically mention in the report, the FCO applies a number of criteria. [These include] looking at the gravity of the human rights situation in a country, the severity of any particular abuses and the range of human rights that might be affected,” he said. “Under those and other criteria, the Maldives was not listed. That’s not to say we don’t discuss human rights issues in our meeting to the Maldives government.”

Rankin said that the FCO has raised two key issues with President Dr Mohamed Waheed’s government in recent months.  Among these issues was the case of the 15 year-old girl sentenced to flogging by the Juvenile Court after she admitted to having “consensual sex” with an unidentified man during investigations into her alleged sexual abuse.

Rankin added that the FCO had pushed for “a change in the legal framework” in order to ensure the protection of children’s rights in the country.

Another area of concern raised with the current administration was the effectiveness of investigations into alleged police abuse in the aftermath of the controversial transfer of power on February 7, 2012, he said.

“We continue to raise issues mentioned in the Commission of National Inquiry (CNI) report, in particular the need for substantive results from the investigations into police brutality as called for in the report,” he explained.

Appeal

Responding to the high commissioner’s claims, President’s Office Media Secretary Masood Imad said that the minor’s case passed by the Juvenile Court had already been appealed, while talks concerning legal reforms were ongoing.

“We cannot go any faster on the matter than this, we don’t want to see any trouble like in the past,” he said. “We can’t just go and ask a judge not to [give sentences like this] anymore.”

Masood added that he was convinced reforms would be made and that talks were gradually being held by state authorities to this end, but recommended further inquiries be made to Gender Minister Azima Shukoor.

Shukoor was transferred to the Ministry of Gender, Family and Human Rights earlier this year on the back of two million people signing an Avaaz petition threatening a boycott of Maldives tourism unless the charges against the girl were dropped and the country’s legal framework was amended to prevent similar sentencing.

Shukoor was not responding to calls from Minivan News at time of press.

Masood meanwhile claimed that any questions concerning the UK FCO’s concerns over allegations of police abuse in the Maldives should be forwarded to the Police Integrity Commission (PIC).

“They are the ones doing investigations into this matter. I understand they have identified those who have abused these people,” he added.

Assault cases

The Prosecutor General’s Office (PGO) announced yesterday (May 6)  it was pressing charges against two police officers for allegedly assaulting Maldivian Democratic Party (MDP) MPs ‘Reeko’ Moosa Manik and Mariya Ahmed Didi on February 8, 2012, during a brutal police crackdown.

On that day, thousands of MDP supporters took to the streets after former President Mohamed Nasheed declared that his resignation the previous day was made “under duress” in a “coup d’etat” instigated by mutinying Special Operations (SO) police officers.

PIC President Abdulla Waheed’s phone was switched off at time of press.

In an official release published on December 9 last year, the PIC said 24 individual cases of alleged brutality had been reported to have taken place on during and in the immediate aftermath of the transfer of power.

The cases, said to be based on video footage, witness accounts and public requests for information, were all said at the time to be under investigation by the commission.

The PIC noted at the time that both a shortage of trained staff and “Inadequate cooperation” from alleged victims to provide evidence and witnesses had setback the investigation.

“Tip of the iceberg”

In an Amnesty International statement released last month, despite praising “considerable progress” made by the Maldives during the last few years in promoting and protecting civil rights,the NGO claimed “significant human rights challenges”needed to be addressed in the country.

The NGO has called on the government of President Dr Mohamed Waheed to end an alleged culture of “impunity for the arbitrary and abusive use of force by security forces against demonstrators” following the controversial transfer of power on February 7, 2012.

Amnesty’s South Asia Director Polly Truscott, speaking to Minivan News at the conclusion of a nine day visit to the country last month, claimed the controversial flogging sentence handed to the 15 year-old girl was just the “tip of the iceberg” in regards to wider issues over how sexual offence victims were treated in the country.

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Tourism worker union threatens voter boycott if workers’ rights not protected

The Tourism Employees Association of Maldives (TEAM) has announced a list demands targeted at government authorities and have threatened to boycott the upcoming presidential elections if workers rights are not protected.

TEAM and the Maldives Port Workers Union (MPWU) organized a joint concert event near the tsunami monument in Male’ to celebrate International Labour Day (May 1) – also referred to as ‘May Day’ – and show support for workers’ human rights.

During the event, which featured three Maldivian rock bands and a bodu beru (traditional drumming) group, TEAM highlighted four demands for tourism industry employees working at resorts and on safari boats:

1) receive 99 percent “equal and fair distribution of service charges with transparency”;
2) have Maldivians fill 80 percent of the industry’s jobs;
3) have the Freedom of Assembly Act amended to remove clause 24(7)b which bans certain gatherings, effectively making strikes illegal;
4) receive a minimum wage of US$600 for tourism sector employees.

“There is no reason for us to work if our human rights are not protected,” TEAM Secretary General Mauroof Zakir told Minivan News today (May 2).

“The government has not taken any responsibility, they don’t care what happens [to workers]. It’s all about power for them,” he added.

“There are 15,000 Maldivian employees in the tourism sector and they are the breadwinners for their families. As family leaders, they will listen to what we have to say, so if we call for a voter boycott that’s about 75,000 votes we can control,” claimed Zakir.

“Current legislation mandates 99 percent of service charges be distributed among employees, however many companies are not following the law,” he stated.

“The majority of workers only receive about 500 MVR (US$32) to 1000 MVR (US$65) in service charge tips. It’s totally rubbish,” he added.

Zakir explained that foreign migrant workers hold 70 percent of tourism industry jobs (the legal maximum is approximately 50 percent but is widely unenforced), while over 30 percent of young people are unemployed – approximately 40,000 people.

“The Maldives is in a deep recession. The current government policy requiring 45 percent of tourism jobs be reserved for Maldivians is totally wrong,” Zakir declared.

“Cheap labourers don’t demand their rights be upheld. They are willing to work 14 to 16 hour days. These are slavery style operations,” he said.

Zakir explained that management in the tourism industry often cultivated frustration between Maldivian workers and foreign workers as a divide and conquer strategy.

“TEAM is not only for locals, we support migrant workers’ rights as well,” he added.

Regarding TEAM’s third demand, Zakir also spoke about the strike ban preventing groups of more than one person from gathering at resorts, on safari boats, or on industrial islands.

“This is a clear violation of human rights,” he declared.

The call for the minimum wage to be increased is another fundamental issue affecting quality of life, with the average salary actually being between US$152 and US$350, according to Zakir.

“This is not enough to live given the high cost of goods, rent, and inflation,” he said.

He claimed the government’s average figure of US$400 was “totally wrong”, while TEAM had at members at all resorts with access to actual salary information.

Although some resorts pay a higher minimum wage and percentage of service charges, workers’ financial security is still at risk if occupancy drops or anything unexpected happens at the resort that would affect the service charge amount, explained Zakir.

A petition with the list of TEAM demands is being circulated to all the resorts in the Maldives and will then be submitted to the relevant government authorities – President’s Office, Speaker of Parliament, and the Tourism Ministry. The next step will be to establish a timeframe to conduct negotiations.

“We will make them listen and talk,” Zakir stated.

“The government needs to legally implement the [International Labour Organisation (ILO)] international conventions, they’ve agreed to uphold,” he added.

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