Tag: human rights

Maldives legal system “inaccessible” to migrant workers: Transparency Maldives

Migrant workers suffering poor treatment from their employers are giving up on taking their cases to court due to the “inaccessibility” of the Maldives legal system, an official from Transparency Maldives’ Advocacy and Legal Advice Centre (ALAC) has claimed.

ALAC Communications and Advocacy Manager Aiman Rasheed told Minivan News today that a large number of human rights abuse cases in the Maldives are “potentially” going unreported due to foreign workers not taking their disputes to court.

Rasheed claimed that both defects within government bodies and corruption were to blame for the human rights abuses affecting migrant workers.

“We are finding that a lot of the issues raised at our ALAC mobile camps involve employees not receiving their wages, having their passports confiscated by employers or are living in sub-standard living conditions,” Rasheed said.

Because of the perceived inaccessibility to the legal system in the country, Rasheed claimed that a lot of injustices involving migrant workers were not being taken to court.

“Getting involved in a legal case is a very costly process. It is very hard for a normal person to afford the services and the process can take a very long time.

“The problem is that we [ALAC] appear to be the only agency providing free legal advice to migrant workers, despite authorities recognising there is a need for free advice,” Rasheed claimed.

Since being launched back in 2012, ALAC has been providing free legal advice and training to victims and witnesses of corruption through mobile camps in Vaavu Atoll and Addu City.

So far, ALAC has assisted with 64 ongoing legal cases related to migrant rights abuses in just six months, whilst further providing advice and training to over 3,000 individuals, Rasheed claimed.

“While we cannot provide financial support to these individuals, we can offer guidance through our lawyers making the entire legal process a lot easier to navigate,” he said.

“We are wanting to further strengthen our partnership with state departments, because this is a national problem.”

While state departments have begun to introduce initiatives targeted at raising awareness of human rights abuse, in particular the ongoing issue of human trafficking, Rasheed claims that there has been no “serious action” taken to address the problem.

“There is a good reason as to why we are on the US State Department’s Tier Two watch list for human trafficking for [three] years in a row,” he added.

Blue Ribbon Campaign Against Human Trafficking

The Ministry of Foreign Affairs Yesterday (January 9) inaugurated an initiative targeted at raising awareness of the human trafficking issue in the Maldives.

The strategy, entitled ‘Blue Ribbon Campaign Against Human Trafficking’ is expected to include activities to try and raise awareness among students and the business community.

The tourism industry, which employs the largest number of foreign staff in the country, was identified as another key focus of the initiative.

The Foreign Ministry announced that it had signed a memorandum of understanding (MOU) with multiple local media outlets in the country as part of the campaign’s aim to raising awareness of human trafficking and other related issues.

India’s concerns

Last month, Indian authorities raised concerns about the treatment of migrant workers in Maldives, stating that the tightened restrictions over providing medical visas to Maldivians was a “signal” for the Maldivian government to address the their concerns.

The commission spokesperson added that the introduction of the tighter regulations was imposed as a clear “signal” from Indian authorities that the concerns it had over practices in the Maldives such as the confiscation of passports of migrant workers, needed to be brought to an end.

On November 26, 2o12, a public notice had been issued by the Maldives Immigration Department requesting no employer in the country should be holding passports of expatriate workers.

Back in October, a senior Indian diplomatic official in the Maldives had expressed concern over the ongoing practice of confiscating passports of migrant workers arriving to the country from across South Asia – likening the practice to slavery.

The high commission also claimed this year that skilled expatriate workers from India, employed in the Maldives education sector, had continued to be “penalised” due to both government and private sector employers failing to fulfil their responsibilities.

Individuals wishing for free legal advice from Transparency Maldives’ Advocacy and Legal Advice Centre can contact the organisation for free on (800) 3003567

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Maldives government to review laws that “victimise” sexually abused minors

The Maldivian government has today said it will review and potentially “correct” laws in the country it claims victimise young women and minors who have suffered sexual abuse.

President’s Office Media Secretary Masood Imad told Minivan News the government would be holding consultations with the Ministry of Islamic Affairs and other relevant authorities to discuss how minors who have been sexually abused were being treated in the country.

The comments were made as the Prosecutor General (PG’s) Office today confirmed it had pressed charges against a 15 year-old girl from the island of Feydhoo in Shaviyani Atoll for having “consensual sexual relations”.

A spokesperson for the PG’s Office said the charges against the minor were unrelated to a separate case against the girl’s stepfather over allegations he had sexually abused her.

“Protected, not punished”

President’s Office Spokesperson Masood Imad said that from government’s perspective, the 15 year-old girl was a victim who needed to be protected, not punished by authorities.

“We will be talking with the Ministry of Islamic Affairs over this manner and will review and correct the problem,” he said.

Masood claimed that the Maldives had experienced a number of similar cases of late where young women had been victimised and punished by authorities – a situation he said the government was looking to prevent.

“We are reviewing this right now and if we have to go to the extent of changing existing laws then we would look to do this,” he said.

While unable to comment on specific cases at time of press, Human Rights Commission of the Maldives (HRCM) Vice President Ahmed Tholal told Minivan News that he was hugely concerned about the number of reports of sexual abuse against minors in the country.

Acting Minister of Gender, Family and Human rights Dr Mariyam Shakeela and Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed were not responding to calls at the time of press.

The reported handling of the case by authorities has garnered significant attention this week in both local and international media.

Charges

A PG’s Office spokesperson today confirmed that the charges against the minor were related to a separate offence of Sharia Law, which had been filed back on November 25, 2012.

The 15 year-old last year gave birth to a baby that was discovered buried in the outdoor shower area of a home on Feydhoo – her stepfather was later charged with sexual abuse, possession of pornographic materials and committing murder without intent.

The spokesperson said that another charge was filed against the girl’s mother over claims she had failed to inform authorities of the alleged sexual abuse of her own child.

Judicial authorities told Minivan News earlier this week that the charges against the 15 year-old were yet to be filed with the Juvenile Court at the time.

Director of the Department of Judicial Administration Ahmed Maajid was not responding to calls at time of press.

NGO criticism

The charges against the 15 year-old girl have been slammed as an “absolute outrage” by NGO Amnesty International.

In a statement released yesterday, Amnesty International’s Maldives Researcher Abbas Faiz stressed that suspected victims of rape and sexual abuse required counselling and support rather than facing prosecution.

“We urge the Maldivian authorities to immediately drop all charges against the girl, ensure her safety and provide her with all necessary support,” the NGO’s statement read.

Amnesty Intentional also raised concerns that should the minor be found guilty of “fornication” as reported in the media, she could potentially be flogged in line with sentencing for similar cases held in the country.

“If found guilty of ‘fornication’ the girl could be punished with flogging. She would likely be kept under house arrest until she turns 18 when, under Maldivian law, the flogging can be carried out. Flogging is a violation of the absolute prohibition on torture and other cruel, inhuman and degrading treatment or punishment,” Amnesty International stated.

“The Maldivian authorities should immediately end its use regardless of circumstances. The fact that this time a 15-year old girl who has suffered terribly is at risk makes it all the more reprehensible. Flogging is not only wrong and humiliating, but can lead to long-term psychological as well as physical scars.”

Fornication offence

Back in September 2012, a 16 year-old girl was sentenced to house arrest and 100 lashes for fornication with a 29 year-old man.

Permanent Magistrate of Raa Atoll Hulhudhuhfaaru, Magistrate Abdul Samad Abdulla, sentenced the girl to eight months under house arrest, and for public flogging once she reaches the age of 18.

Ali Rashid, an official of the Hulhudhuhfaaru Magistrate Court, said at the time that the girl had been sentenced for fornication because she had confessed to it. However, the 29 year-old male with whom she was co-accused had denied the charges.

“The man said he hadn’t committed fornication, but he admitted to having hugged and done certain other things with the girl. This amounts to sexual assault of a minor under the law. That’s why he has got the minimum sentence possible under the relevant law, 10 years in jail,” Rashid explained.

The official of the Hulhudhuhfaaru Magistrate Court referred Minivan News to Article 25 of the act detailing special actions to be taken in cases of sexual offences against children (Act number: 12/2009).

Article 25 says: “Unless proven otherwise, it cannot be considered that a child between ages 13-18 had given consent to committing a sexual act. And unless proven otherwise, it will be considered that the sexual act was committed without the child’s consent.”

In November 2011, UN High Commissioner for Human Rights, Navi Pillay, speaking in parliament, raised concerns about the issue of flogging in the Maldives.

Speaking on the issue, Pillay said at the time, “This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

Her statements and calls for discussion on the issue were met with outrage from then political opposition and religious conservative Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry, under the former government, dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

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Visa restrictions “signal” Maldives must address expatriate concerns: Indian High Commission

Indian authorities have said that tightened restrictions over providing medical visas to Maldivians are a “signal” for the country’s government to address a number of concerns about the nation’s treatment of migrant workers.

The Indian High Commission in the Maldives, which this month tightened rules on granting medical visas for Maldivians, has today claimed the action was taken to draw attention to fears over the treatment of workers from India by both local employers and authorities.

The High Commission has claimed that the tightened restrictions were in line with a bilateral agreement signed back in 1979 and its appropriation by Maldivian authorities in the intervening years.

The Department of Immigration and Emigration has today said it was presently working to address some of the issues raised by Indian authorities.

However, some of the High Commission’s concerns have been played down by Home Minister Dr Mohamed Jameel Ahmed, who earlier this week dismissed allegations that Indian workers had experienced difficulties in coming to the Maldives.

Diplomatic tensions

Amidst increased diplomatic tensions between the Maldives and India in recent months, members of the public have this month found themselves queuing outside the Indian High Commission in Male’ in order to obtain visas to travel for medical treatment.

In some instances, local people have complained of queuing for over 24 hours outside the high Commission’s building in Male’ to try and get a limited number of daily tokens for obtaining an Indian medical visa.

A high commission source speaking to Minivan News today claimed that critically ill patients seeking urgent medical attention outside of the Maldives were being cleared for travel immediately, while other cases were being prioritised depending on the severity of their illness.

The source also contended that all visas given to Maldivians for travel to India were provided free of charge – a courtesy claimed to have not been extended to Indian citizens coming to the Maldives for work.

The commission spokesperson added that the introduction of the tighter regulations was in line with the visa agreement signed back in 1979 and was imposed as a clear “signal” from Indian authorities that the concerns it had over practices in the Maldives such as the confiscation of passports of migrant workers, needed to be brought to an end.

On November 26 this year, a public notice had been issued by the Maldives Immigration Department requesting no employer in the country should be holding passports of expatriate workers.

The Maldives has come under strong criticism internationally in recent years over its record in trying to prevent people trafficking, with the country appearing on the US State Department’s Tier Two Watch List for Human Trafficking three years in a row.

Back in October, a senior Indian diplomatic official in the Maldives had expressed concern over the ongoing practice of confiscating passports of migrant workers arriving to the country from across South Asia – likening the practice to slavery.

The high commission also claimed this year that skilled expatriate workers from India, employed in the Maldives education sector, had continued to be “penalised” due to both government and private sector employers failing to fulfil their responsibilities.

Meanwhile, a senior Indian medical working in the country has also alleged that expatriate professionals were regularly facing intimidation and fraud in the country from employers and some members of the public.

“Real progress”

Sources with knowledge of the High Commission’s present discussions with Maldivian authorities have nonetheless expressed hope that “real progress” was being seen in trying to address both countries’ respective grievances over the medical visa issue.

Minivan News understands that discussions were being held to ensure that aside from verbal commitments, Maldivian authorities would directly address the concerns Indian authorities held about the treatment of its citizens.

The Department of Immigration and Emigration today said it was presently working to try and resolve some of the concerns raised by the Indian High Commission over treatment of expatriates coming to work in the Maldives.

Immigration Controller Dr Mohamed Ali confirmed to Minivan News that his department was looking into issues such as Maldivian employers confiscating passports of Indian workers.

“We are working on that,” Dr Ali responded when asked if officials were working on issues such as retaining the passports of Indian Expatriates in the Maldives. The immigration chief did not clarify the exact nature of the work presently being carried out by his department on the matter.

Speaking to local media on Thursday (December 27), Home Minister Dr Mohamed Jameel Ahmed dismissed accusations from the high commission that Indians were facing difficulties in travelling to the Maldives – as well as claims that some 50 nationals from the country had been deported this year.

Dr Jameel pointed to recent tourism ministry statistics that he said indicated 4,180 Indians had travelled to the Maldives to date this year.

“If you look at these numbers, there is ground to believe that it’s relatively easy for Indians to travel to Maldives. Moreover, the policy is the same for other neighbouring countries,” he was quoted as telling newspaper Haveeru.

Dr Jameel was presently out of the country and unable to respond to calls from Minivan News at the time of press.

However, the High Commission, in a statement released yesterday (December 28) said that the home minister had incorrectly stated figures of visitor numbers to the Maldives

“The [home minister’s] statement contains incorrect facts and figures. While it states that only 4,180 Indians have travelled to Maldives so far this year, as per statistics published by the Maldives Ministry of Tourism, 26,199 tourists from India have arrived in Maldives during the period January – November 2012,” the commission’s own statement read.

“Regarding the deportation of Indian travellers from Male’ International Airport, the High Commission of India stands by its figures. The high commission urges that the above figures may be verified and, the general public may be apprised of the correct facts.”

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Alidhoo Resort staff allegedly still owed wages: “If they don’t like it, they can leave,” says resort owner Jabir

J Hotel & Resorts owner MP Abdulla Jabir has responded to no payment allegations made by Aldihoo Resort staff, declaring “If they do not like it, they can leave”.

Staff at the resort revealed how both Maldivian and foreign workers had not received pay for four months and six months respectively, despite complaints made to management and various external government organisations.

Alidhoo Resort in Haa Alif Atoll is run by J Hotel & Resorts, a company owned by Maldivian Democratic Party (MDP) MP Abdullah Jabir, the husband of former Human Rights Minister Dhiyana Saeed.

Five Alidhoo Resort workers living in the near-by island of Dhidhdhoo spoke to Minivan News – under condition of anonymity – of their frustration as management continues to withhold their pay.

The five workers claim that the Human Rights Commission of Maldives (HRCM) has “forgotten” about them, despite multiple complaints made to the institution.

“We [staff] complain every other week to the HRCM, but never receive any response. We contacted the Labour Ministry and they told us they would reply in November, but they still haven’t got back to us.

“Our verbal complaints never get us anywhere with management, usually they say ‘we can’t pay you right now”’even though the resort’s been at 100 percent occupancy the last few months,” alleged the staff.

Earlier this year the Tourism Employees’ Association of the Maldives (TEAM) released information revealing that Alidhoo’s management had not paid the resort’s 125 expatriate staff for six months, while the 85 local employees had not been paid since May.

“I am struggling more than the staff”: MP Abdulla Jabir

Responding to the no payment allegations, J Hotel & Resorts Chairman Abdulla Jabir explained that there was a delay in payment because of a “delay in making money”.

Jabir claimed that there had been less than 30 percent occupancy in the last year, despite staff claiming it being at 100 percent for the last two months.

“We have 250 staff [at Alidhoo Resort] and rather than go on leave and then come back during times of low occupancy they are telling us they want to stay.

“[The staff] are not struggling, that’s wrong. If they are struggling, they will not stay. They are staying and that means they are not struggling.

“I am struggling more than them,” he added.

Staff have gone on strike on three previous occasions over the salary issue, but have been met with harsh penalties including the dismissal of those staff involved in the strikes.

Sources from within the resort claim they face losing their jobs if they make a formal complaint to management and are therefore “trapped” over the payment issue.

Despite Jabir’s company owning Alidhoo Resort, the MDP MP distanced himself from allegations made by the workers claiming that he “is not involved in this” and that the media need to contact the people responsible for the matter, adding: “You don’t contact [Silvio] Berlusconi for every matter in Italy, you contact the respective ministers.”

“If I close the resort they don’t get pay, they don’t get food, they don’t get accommodation and they will be jobless.

“Maybe they get 10 days, 15 days delay in salary, or even a month’s delay in salary, but they are making it. It is not an issue,” Jabir told Minivan News.

“The staff can go home if they feel like not working for us.”

A mother from Baarah, Haa Alif Atoll who has worked at the Alidhoo Resort for the last four years, alleged to Minivan News that even when staff are paid late, they are rarely paid the full amount.

“In two months they will pay for just one month, and if pay is delayed for three months, we will still only get one month’s pay, that is how they operate,” she said.

“I went to Human Resources and asked why my salary has been cut off for the last four months and they said ‘we can only pay for one month’, and that’s MVR 3000 (US$ 195).”

Jabir has agreed to sell property to finance staff: Jabir’s wife Dhiyana Saeed

When the staff payment issue was raised back in June 2012, the now former Human Rights Minister Dhiyana Saeed – who is also the wife of J Hotel & Resorts chairman – said that no complaints had been made to her ministry.

Speaking to Minivan News over the recent claims, Dhiyana said that she was aware that her husband was having financial “trouble” and that there are outstanding payments to both staff and other people, however she claimed that Jabir is “doing his best” to repay the debts.

“We talk about these problems at home and [Jabir] has agreed to sell his property to finance staff and other people.

“It has been very hard for him to raise the money, but we are very close to making a deal with selling the property and clearing our debts,” said Dhiyana.

MDP members mark International Human Rights Day

Jabir, who recently switched from the Jumhoree Party (JP) to the Maldivian Democratic Party (MDP), joined the MDP’s Journey of Pledges tour as they visited neighbouring islands to Alidhoo Resort.

Minivan News raised the staff payment issue with MDP President Mohamed Nasheed moments after he had just completed a run to mark International Human Rights Day in Kulhudufushi earlier this week.

“There has been so many human trafficking allegations and you mention a certain entrepreneur having not paid [his staff], but I keep on going to work sites all over the country and there are so many ex-pats unpaid and their working conditions are also so bad, that is human trafficking,” said Nasheed. “If you have appropriate standards across the board then you won’t have this opportunity of cheap labour.”

HRCM’s Investigation Officer Aishaph Afreen Mohamed revealed that a complaint had been lodged by Alidhoo Resort staff in September, and that an investigation by the HRCM into the complaint is “ongoing”.

When asked how long the investigation is expected to last, Aishaph stated she was “not sure” as the HRCM has to obtain information “from all relevant departments”.

Almost all staff have now been paid: Alidhoo GM Jadhulla Jaleel

General Manager of the Alidhoo Resort Jadhulla Jaleel, admitted there had been a delay in paying staff, but claimed that as of today “almost all” staff had been paid.

“Sometimes there is a delay, but we always pay. Our staff trust us that they will be paid,” Jaleel said. “Only today (November 11) we have paid almost all of the staff, we paid a total of MVR 500,000.”

When asked to further clarify how many staff come under “almost all”, Jaleel then stated: “All staff, both foreign and local have been paid.

“If you call your sources, they will confirm they have been paid. Some of the staff won’t be able to confirm it because they won’t have collected their money today,” Jaleel claimed.

A reliable source within the resort confirmed to Minivan News that as of November 11 they had been paid, but for only two out of the four months owed. The source also alleged that foreign staff members were yet to receive any of their six-months of missing payments.

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Comment: Human Rights Day 2012 marks exclusion and imposition of government by force

As we look back on this week’s celebration of Human Rights Day 2012, it is important to recall what, beyond the pageantry and back-slapping, this day really stands for.

During the 30-year long dictatorship of President Gayoom, those of us who longed for a fair, just and democratic Maldives would mark Human Rights Day by wearing secretly-printed t-shirts to mark the occasion – printed in stealth, worn in stealth. We took this risk (open advocacy of human rights and political reform was liable to end with a jail-term) because Human Rights Day was, we believed, important – a moment to remember that the outside world stood steadfastly behind our hopes for a better future.

It is therefore difficult, in 2012, not to feel a sense of disappointment – even shame – at what Human Rights Day has become, at least for Maldivians.

Human Rights Day 2012 goes under the banner of “inclusion and the right to participate in public life”.

Over recent days we have heard the UN Resident Coordinator encourage people to play an active role in public life and to hold public servants accountable (no word, however, about securing accountability for the systematic human rights violations that have occurred since February). We have heard the Human Rights Commission of the Maldives warn us that enjoying human rights should not be taken as an excuse to break the law (an unusual message for a national human rights institution to focus on – but not entirely a surprise). We have heard the Commonwealth Secretary-General remind the government (more in hope than expectation) that those responsible for gross human rights violations following February’s coup – mainly police officers guilty of beatings and torture – must be held accountable.

And yet, these platitudes come against a background wherein, in 2012, the majority of Maldivians who voted in 2008/9 have been disenfranchised; wherein those of us who want a new election in order to reassert our fundamental right to choose our government are being routinely beaten, arrested and tortured, wherein members of parliament who have sought to protest against the death of our democracy are being hounded, threatened and chastised as infidels; wherein the presidential candidate of the Maldives’ largest party is being manoeuvred into prison by the ancient regime; wherein the man who stands accused of torturing many over his 30 years of dictatorship announces he is likely to be a presidential candidate, again, and wherein our corrupt and immoral judiciary is openly attacking parliamentary prerogative and the constitutional separation of powers in order to protect those guilty of sexual harassment, and to protect the government from democratic scrutiny.

How is it possible that the UN, the HRCM, and our friends in the international community can let this year’s Human Rights Day pass without any mention of the dismantling of our democratic rights; without any suggestion that in 2012 we have lost, for the foreseeable future, our right to participate in public life and to determine, freely, our government; and without any meaningful call for those who have had their rights violated in 2012 to receive justice and redress?

For those of us who weep for the lost promise of our young democracy; for those of us who flinch at every new injustice heaped upon us; for those of us who wish our former friends in the international community would stand-up for the rights and principles that they purport to uphold; Human Rights Day 2012 will be remembered as nothing more than an empty shell.

Not even worthy of a hidden t-shirt.

Eva Abdulla is an MP in the opposition Maldivian Democratic Party (MDP).

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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“Pathetic state of judiciary”, religious intolerance Maldives’ major human rights failures: Dr Shaheed

Former Foreign Minister and UN Special Rapporteur on Human Rights in Iran Dr Ahmed Shaheed has welcomed the Maldives’ selection as a Vice President of the UN’s Human Rights Council for 2013, stating that the nomination can help strengthen society against domestic abuses.

Speaking to Minivan News by e-mail today, Dr Shaheed said significant human rights concerns remained in the Maldives, including the “pathetic state of the judiciary”, lack of an educational focus on rights, and little scope for “informed discussion” on religious freedom.

However, Dr Shaheed added that the Maldives’ election to the council reflected the strong reputation of its diplomats over the last six years in “championing” human rights causes, even despite developments such as February’s controversial transfer of power that saw a new government installed following a police and military mutiny.

“If you look at the Maldives’ voting record in Geneva and in the Third Committee in New York, it is as if there has been no change in the government in Male’. The Maldives still supports country-specific mandates, country-specific resolutions, and progressive positions in human rights debates, including on issues of defamation of religion,” he said.

“The Maldives will continue to get challenged in places like the Human Rights Committee but in the political councils of the world, the spokespersons for the Maldives continue to be professional diplomats, and they are doing a good job to limit the influence of radical Islamists on foreign policy.”

News of the Maldives’ election to the Human Rights Council was broken yesterday by the Reuters news agency, which noted that the country had the same day been criticised for its stance on banning religious freedom in a report compiled by the International Humanist and Ethical Union (IHEU) NGO.

The IHEU, which describes itself as an “umbrella organisation embracing Humanist, atheist, rationalist, secularist” organisations around the world, yesterday published its report, ‘Freedom of Thought 2012’ , which details international examples of discrimination against non-religious people.

The report, which was welcomed by UN Special Investigator on Freedom of Religion and Belief Heiner Bielefeldt, concluded that the Maldives did not prohibit discrimination on a religious basis, while also making practising Sunni Islam compulsory for Maldivian citizens wishing to vote or stand for office.

Pointing to prominent cases of discrimination, the IHEU highlighted the case of 37 year-old Mohamed Nazim, who in 2010 faced public calls for his execution after standing in front of a crowd of 11,000 people in Male’ and declaring himself “Maldivian and not a Muslim”.

After two days of religious counselling in police custody, Nazim repented before television cameras at an Islamic Ministry press conference and gave Shahada – the Muslim testimony of belief.

The report also highlighted the case of 25 year-old air traffic controller Ismail Mohamed Didi, who was found hanged from the control tower of Male’ International Airport in an apparent suicide.  He had previously sought asylum in the UK for fear of persecution over his stated lack of religious belief.

“Ismail Mohamed Didi faced the same choice as Mohamed Nazim: believe or die. He chose death,” the IHEU stated.

Speaking to Minivan News, IHEU Communications Officer Bob Churchill said the NGO did have some concerns over the Maldives’ election to the Human Rights Council considering its attitudes to non-Muslims and non religious peoples.

However,  Churchill added that the Maldives was not the first country to hold such a position in the UN council while also having questions over its own work on human rights abuses.

The IHEU added that the report has been put together in order to stand as a reference for alleged abuses of non-religious peoples on countries all over the world.

Churchill suggested that the high-profile focus may help “shine a light” on wider abuses occurring in the country and allowing for some form of redress.

However, in the case of the Maldives, where the country’s religious ideals are enshrined in its constitution, Churchill accepted that effecting any sort of change would be much harder.

“However, just because an issue is a sovereign matter and has a vocal majority it does not mean that people are not suffering,” he said. “People at present are having to hide their beliefs for fear of oppression.”

“Good reputation”

Despite the concerns of the IHEU, Dr Shaheed said he was optimistic about the Maldives’ new role on the council.

“The Maldives [UN] delegation still enjoys a good reputation in Geneva and is still playing a very constructive role. I believe the position would militate in favour of improving the domestic human rights situation,” he said. “I would like to congratulate Ambassador Iruthisham [Adam] and her team for this fine achievement.”

Addressing the issue of freedom of religion in the Maldives, which he stressed was a fundamental human right, Dr Shaheed said that any nation choosing to impose any particular faith on its people or discriminate along the same lines would face “stiff international opposition”.

“A number of NGOs have been raising the issue of religious intolerance in the Maldives, and the notion of sovereignty does not trump human rights obligations. There is indeed scope for informed discussion in the Maldives on religious freedom,” he said.

“Perhaps a good place to start would be to lift the ban on the book co-authored by Dr Hassan Saeed – the current Special Advisor to President Waheed – which argues that there is no apostasy in Islam. This is a position that is upheld by a growing number of reputable scholars in the Islamic world and elsewhere.”

“Biggest breakthroughs”

Beyond the issue of religion, Dr Shaheed claimed that the Maldives had over the last decade pressed ahead with a number of significant developments in bringing the country in line with human rights regulations.

“The biggest breakthroughs, in my view, were the ratification of the core international human rights treaties, and the establishment of an independent human rights commission, as well as freedom of the press, and the separation of powers,” he said, but emphasised that there remained room for improvement.

“The major failures include the pathetic state of the judiciary, which is not only corrupt, but also coming under the influence of radical Islam, even to the extent of violating codified laws of the Maldives and clear international obligations,” Dr Shaheed added.

“Disregard for rule of law has also meant that a culture of impunity is deeply entrenched, rendering many of the human rights of the people meaningless. It is also very disappointing that respect for human rights has not been made mainstream in our education system, because human rights safeguards are not only about litigation and legislation, but also about ideas and values, which are formed and transmitted through the education system.”

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State to decide on President’s ability to grant clemency to death row convicts

The state has been given the opportunity to respond over annulling the President’s ability to grant clemency to convicts on death row.

The High Court hearing gave the state the opportunity to decide over the matter of dismissing the authority given to President Mohamed Waheed Hassan Manik in accordance with the constitution.

The case submitted to the High Court states that the victim’s family has the power to pardon convicts in accordance to Islamic principles, while the death penalty can only be enforced with the unanimous consent of all heirs.

The case questioned why statements are taken from heirs if the President can ultimately decide on granting clemency to murderers, and that this could be considered as a violation of the rights given to the victim’s family.

The case states that article 268 of the constitution obliges all laws and regulations adhere to Islamic principles, while any law contradicting it will be void. It further states that under article 10 of the constitution, any law or regulation that defies the Islamic Shariah is forbidden.

Therefore, the case claims that the power afforded to the President to grant clemency is a violation of article 10 of the constitution. Furthermore, the clemency bill must not be a power afforded to the President under article 268 and that it must be annulled.

The case states that while the Maldives theoretically has a death penalty under Islamic Shariah, the last person to be judicially executed was Hakim Didi in 1953, who was executed by firing squad after being found guilty of conspiracy to murder using black magic.

State Attorney Usama Moosa said research has been conducted by the state and that the process is ongoing. Mossa added that because the case relates to capital punishment, the state had requested legal expertise from various persons.

Chair of the Judges bench Abdul Rauf said that the case is not specific to capital punishment but it relates to clemency.

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Nasheed’s trial and Maldives’ human rights record debated in Westminster

The ongoing trial of former President Mohamed Nasheed was again the subject of debate in London this week, as well as the current human rights situation in the country.

On Tuesday night, the Conservative Party’s Human Rights Commission convened to discuss the Maldives, inviting speakers from the government, the opposition, and civil society to participate in the event titled “Human rights and Democracy in the Maldives: Where do we go from here?”

The following day, a private members debate was secured by Karen Lumley MP in the House of Commons to discuss the role of the UK government and the Commonwealth in ensuring a fair trial for Nasheed, whose case was postponed on Sunday following a high court injunction.

Tuesday’s meeting was attended by former High Commissioner to the United Kingdom Dr Farahanaz Faizal, former Foreign Minister and current UN Special Rapporteur Dr Ahmed Shaheed, barrister – and current member of Nasheed’s legal team – Sir Ivan Lawrence QC, as well as Amnesty International’s South Asia specialist Abbas Faiz.

Invitations were also extended to the Acting High Commissioner to the United Kingdom Ahmed Shiaan and Minister for Tourism Ahmed Adheeb.

However, after queries from panel members in attendance as to the whereabouts of the government’s representatives, the committee’s Chair Robert Buckland MP informed those present that, despite having initially accepted the invitation, the government representatives had withdrawn.

A Foreign Office spokesperson said that Adheeb had been unable to attend the meeting as it had clashed with a ministerial dinner. He had also been busy with duties related to the 2012 World Travel Market, which had been the primary purpose of his visit to London.

Where do we go from here?

Shaheed was the first to speak at the Conservative’s meeting, urging the government to uphold the commitments made via its international commitments as well as the pledges made this summer at the United Nations Human Rights Commission (UNHRC).

Farah was the next to speak, choosing to focus in particular on the issues of gender based violence and rising religious extremism in the country.

She argued that the treatment of female protesters in the aftermath of the February 7 transfer of power had highlighted this endemic abuse.

Farah deviated from her prepared testimony to mention the recent incident of the 11 year old girl who gave birth in Seenu atoll last week.

“The silence of the authorities is disturbing,” she added, before chastising President Mohamed Waheed Hassan for failing to speak out, despite his history of working with UNICEF.

Abbas Faiz spoke next, taking time – after distributing a copy of the recent Amnesty International publication, ‘The other side of paradise’ – to assert the independence of his organisation: “Some still believe we are not. We do not take sides.”

After the release of the report in the summer, Amnesty was accused by Home Minister Mohamed Jameel Ahmed of acting with bias towards anti government supporters.

Faiz pointed out that Amnesty also condemned any acts of violence by protesters and stated that it still considered the detention of Judge Abdulla Mohamed in January this year to have been “arbitrary”.

Sir Ivan Lawrence QC contended that the “arbitrary” arrest of Abdulla Mohamed was yet to be proven in a court of law.

The member of Nasheed’s current defense team recalled his previous work in the country in 2005, noting the proven gains to be made from garnering global attention on human rights abuses.

He did acknowledge the difficulty of this task, with far greater human rights atrocities occurring elsewhere in the world, and expressed his belief that the Commonwealth was best placed to help solve the country’s current problems.

When taking questions from the floor, Farah expressed her concern that international observers were often sheltered from the real Maldives when visiting the country, arguing that this must change if observers are to assist with free and fair elections.

Buckland, the Chair, concluded the meeting by saying that he would pass on the details of the forum to the Foreign Secretary William Hague as well as the Under Secretary Alistair Burt.

Private members’ debate

Burt was unable to attend the private member’s debate the following day, sending Mark Simmonds to represent the Foreign Office on his behalf.

Lumley described the 2008 election victory as a “political fairy tale”, but argued that Nasheed had been left with a “constitutional time bomb” regarding the unreformed judiciary, which the Commonwealth ought to have offered greater assistance with.

Robert Buckland, also present at this debate, remarked that the “current government is in a supremely ironic situation.”

“They criticised the former president for interfering in the judiciary and now it seems they are using judicial processes to frustrate a free and fair election,” he said.

“Is not the message we need to send to them that the guarantee of a true democracy is an independent judiciary, and that they had better make sure that is so,” he asked.

Both Karen Lumley and John Glen MP both stated their firm belief that the events of February 7 amounted to a coup.

On behalf of the Foreign and Commonwealth Office (FCO), Simmonds said that he disagreed with the assertion that the Commonwealth had “taken its eye off the ball” in the Maldives.

“I do not think that is an entirely accurate reflection of matters,” he said.

He said that the Commonwealth Ministerial Action Group (CMAG) was concerned about the situation – noting that the recent meeting in New York went on for five hours, despite being scheduled for 45 minutes – and that it had pledged additional support for civil society and judicial reform.

Simmonds was keen to stress that, after the Commission of National Inquiry (CNI), “we fully accept the legitimacy of the current president and his government.”

He described the current legal proceeding as a “significant test” which was being “watched closely” by the international community before noting that the government had previously sought and received assurances from President Waheed that the trial would be free from political influence.

“At this stage of proceedings, we have no reason to believe that this will not be the case,” said Simmonds.

“I have no doubt that the Maldives government and judiciary will feel the eyes of the world on them, and that they realise that a fair and impartial trial is most evidently in the national interest,” he added.

The second hearing in Nasheed’s trial had been scheduled for last Sunday but was postponed pending a High Court ruling on the procedural points raised by his legal team.

A High Court decision had been expected on the day after the private members debate, but the Supreme Court was reported to have instructed the lower court to halt its hearings on Wednesday afternoon.

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“Maldives backtracking on democracy”: International Federation for Human Rights

The International Federation for Human Rights (FIDH) yesterday released its report into human rights in the Maldives, titled “From Sunrise to Sunset: Maldives backtracking on democracy”.

In a statement accompanying the report’s release, the group stated that it had witnessed a deterioration in the freedom of assembly and the freedom of the press as well as the “influence of radical groups detrimental to women’s rights”.

“The appointment of close allies of the former dictator Gayoom the new administration these past months, is another worrying sign that questions the respect for democratic principles and the rule of law in the country,” read the statement.

FIDH arranged a fact finding mission to the Maldives at the end of July, meeting with politicians, activists, civil society members and journalists.

The Paris-based group’s President Souhayr Belhassen called on the government to respect democratic gains made in the country, particularly implementing the recommendations of the Commission of National Inquiry (CNI) and strengthening independent institutions.

The CNI’s final report, whilst absolving the current government of any wrong-doing during February’s transfer of power, acknowledged that the police had been guilty of acts of brutality on February 8 which must be investigated.

The FIDH report describes how the past decade’s democratic reforms have stalled owing to political polarisation and institutional inertia.

“The 2008 constitution guarantees most of Maldives’ human rights obligations; however these have so far failed to be translated into domestic law,” it says.

It also suggests that the failure of the Nasheed administration to prosecute past human rights offenders has contributed to a “culture of impunity for perpetrators of past human rights violations.”

Civil society that was “flourishing and vocal during the democratic struggle became less visible during the presidency of Mohamed Nasheed”, says the report, arguing that it had become another casualty of the polarised environment.

The report detials the difficulties the country has had with separating the powers of the executive, the legislature and the judiciary which had previously been dominated by former President Gayoom.

“Tensions with the judiciary and the opposition-dominated parliament, led [Nasheed] to take unilateral decisions that exceeded his prerogatives, such as ordering the arrest of opposition leaders and a judge without following due process, or by declaring the Supreme Court defunct. Since Mohamed Waheed took over power, executive interference has continued,” read the report.

Regarding the state of the judiciary, FIDH argues that testimonies gathered from its members show that, “under the successive administrations, no political party has actually ever shown any willingness to establish an independent judiciary since each seems to benefit from the existing system.”

FIDH also notes that the government of President Mohamed Waheed Hassan 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.

The report highlights what it sees as impartial investigations of crimes, citing in particular the attempted murder of blogger Ismail ‘Hilath’ Rasheed.

The issue of the use of religion for political gains is criticised in the report: “The exploitation of religion for political gains has posed a threat to the drafting of new legislations by potentially limiting existing human rights.”

FIDH also expressed its concerns that tentative gains in women’s rights, as typified by the recent domestic violence bill, could be reversed if government aligned religious groups push for full implementation of Sharia law.

The report also criticises the apparent enthusiasm amongst politicians for implementation of the death penalty, saying: “With the current state of the judiciary and the incapacity of the police to properly investigate crimes, analysts fear judicial errors would result in the death of innocent people.”

In its recommendations to the Maldives government, FIDH urges the Maldives to remove from the domestic legal framework provisions that restrict individual right based on “race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other statu” to conform with the International Covenant on Civil and Political Rights (ICCPR).

Amongst its other recommendations, the report urges the government to strengthen independent institutions, to enact relevant legislation which will enable the country to fulfil its human rights obligations  and to order a thorough investigation into the attack on ‘Hilath’ Rasheed.

“The situation remains at the time of release of this report relatively confused and uncertain,” concludes the report, “however, the coming weeks will be crucial to test the Government’s ability and willingness to prevent further acts of police brutality and, in general, a deterioration of the human rights situation.”

FIDH’s report follows the release of an Amnesty International report last week which highlighted a number of politically motivated attacks by police on February 8.

Following the government’s claims that Amnesty had produced a one-sided report without seeking comment from the government, an Amnesty spokesperson stressed that the organisation was without political affiliation and had not been the only group to highlight human rights violations in the Maldives this year.

“In compiling our report we talked at length with government and police officials in Malé and Addu during our visit to the country in late February and early March. On the occasions they responded we have included their comments in our documents,” said the spokesperson.

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