Tag: human rights

Maldives’ defence of human rights position before UNHRC to be webcast live

A Maldivian government delegation will stand before the UN Human Rights Committee (UNHRC) at 6:00pm (local time) on Thursday to discuss the current state of national efforts to address human rights and equality issues.

The committee hearing comes as certain local and international NGOs raised criticism over an alleged deterioration in commitments to address national human rights concerns since March 2011.

Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during today’s session to discuss human rights in the country.

A number of NGOs, including Redress, the Helios Life Association, the International Disability Alliance (IDA) and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.

The broadcast can be viewed live here.

The government of the Maldives responded to the list of issues to be raised during the session today earlier this month.

However, speaking to Minivan News this week, President’s Office spokesperson Abbas Adil Riza said the administration’s key focus at the UNHRC hearing was expected to be countering allegations put forward by the opposition Maldivian Democratic Party (MDP) about alleged police brutality and human rights abuses conducted since it came to power in February.

Abbas added the government would submit its case against what it called grossly “exaggerated” allegations raised by the MDP, which clams to have been removed from office in a “coup d’etat” on February 7.

UK-Maldives All Party Parliamentary Group

Aside from the reports submitted to the UNHRC, a UK-based NGO called Maldives Watch this week provided a report to the UK-Maldives All Party Parliamentary Group outlining what it claims has been a deterioration in human rights commitments despite assurances given in the Universal Periodic Review (UPR) back in March 2011.

The report claims that the perceived decline in respect of human rights practices had been largely attributed to a “rising Islamist influence and the return of the former dictatorship.”

Since February’s controversial transfer of power, President Mohamed Waheed has installed a coalition unity government consisting of former opposition groups including the Progressive Party of Maldives (PPM), the Dhivehi Rayithuge Party (DRP) and the Jumhoree Party (JP) amongst others.

The PPM is currently headed by Maumoon Abdul Gayoom, the former autocratic ruler of the Maldives, who was succeeded by former President Mohamed Nasheed in the country’s first presidential elections in 2008.

The MDP passed a resolution on February 8 contending that the present government was illegitimate.  The party has therefore refused cooperation with the coalition’s work – a position it has continued to back amidst five consecutive days of protests in Male this week that have at times descended into violent clashes with police.

While Waheed’s coalition government includes cabinet positions for several members of former President Gayoom’s family and party, the president on February 17 denied the coalition had restored an autocratic dictatorship to power.

“Anything other than President Mohamed Nasheed’s government is now being painted as the old government, as a return to the old regime. Which is a really misleading way of looking at it,” he stated at the time. “In this country most of us grew up and got education during the last 33 years, and most of the well educated people in this country worked in government. The government was the biggest employer in the country and continues to be so.”

Violation claims

To justify Maldives Watch’s claims about a deterioration of human rights in the Maldives, the report pointed to a number of developments including the adoption under the Nasheed government of Religious Unity regulations it claimed served to violate freedom of expression and right to information.

“The regulations give the Minister for Islamic Affairs arbitrary powers to ensure that only officially sanctioned views on religion can be expressed,” the report claimed.

Maldives Watch also pointed to the condemnation of UN High Commissioner for Human Rights Navi Pillay following calls she made back in November 2011 to encourage a national debate to ending flogging, a commitment said to have been backed by the Maldives at the UPR.

Criticisms were also made of the December 23 Coalition in Defense of Islam, which included NGOs, former opposition politicians and prominent religious figures.

“The coalition was led by radical Islamists and were joined by all opposition parties, all advocating Islamic supremacist ideas,” the report added.

Concerns were also raised over the detention of Criminal Court Chief Judge Abdullah Mohamed on January 16 2012 under the Nasheed administration .

The detention, which the the government claimed had been made over concerns about “national security” owing to allegations that Judge Abdulla was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.

Other issues raised by Maldives Watch’s report include:

  • The “overthrow” On February 7 2012, of the elected Nasheed government by various members said to be linked to the December 23 Coalition
  • Claims made this year by President Waheed on February 24, May 2, and “several occasions since” from other members of government, warning against dissent and labelling opposition as terrorists
  • A “resurgence of police brutality and growing violations of freedom of assembly freedom of association, and freedom of expression” since the transfer of power
  • Calls made during a series of stalled all-party talks – last held in June – for the opposition MDP to “give up its fundamental rights relating to freedom of expression, association, and assembly”
  • Police and the military “violently” taking over the state broadcaster before former President Nasheed’s resignation on 7 February
  • Allegations that private broadcaster Raajje TV “the only TV station critical of the government” has experienced government interference in obtaining a satellite uplink and harassment of its journalists
  • Perceived bias within the country’s judiciary, which is alleged to be either controlled by the elements of the Gayoom administration “or sympathetic towards the sharia norms espoused by the government”
  • Members of the Country’s Human Rights Commission (HRCM) perceived to be sympathetic to the interests of Maumoon Abdul Gayoom with a relative said to be employed in a key position within the body

The full report submitted to the parliamentary group is available here.

Likes(0)Dislikes(0)

NGOs cite lack of regulation as a key barrier to Maldivian disability rights

Despite having ratified the Convention on the Rights of Persons with Disabilities (CRPD) back in April 2010, the Maldives must provide regulatory reforms ensuring against disability-based discrimination and abuse in local society, according to the International Disability Alliance (IDA).

The IDA, which represents a number of NGOs and charities working with people living with disabilities or mental health issues, has made the claims in a report outlining recommendations for how the Maldives can ensure against discriminating the disabled.

The recommendations note particular concerns such as “the lack of adequate and appropriate services, financial resources as well as specialised, trained personnel” available to children with disabilities to ensure their human rights are not being infringed.

The IDA findings will be among several documents submitted to a hearing of the UN Human Rights Committee (UNHRC) in Geneva on Thursday (July 12).

The report’s views have also been backed by local NGO, the Association for Disability and Development (ADD), which told Minivan News that it continued to hold reservations over a lack of policies outlining education, healthcare and employment rights for local people with disabilities.

An ADD spokesperson this week said that although the CRPD had been certified in the Maldives, a lack of national policy and regulation had meant, “there was nothing that could be done” about protecting the rights of people with disabilities or mental health issues.

“Regulations are needed, but the speed in which this process is happening is just too slow,” the ADD spokesperson claimed. “Disability is an area that has been neglected because politicians see other issues as much more pressing here.”

Ahead of its session with the UNHRC committee tomorrow, the government of President Dr Mohamed Waheed Hassan, has provided responses to the list of issues expected to be raised.

The UNHRC has already identified key issues to be taken up with the Maldives, concerning its International Covenant on Civil and Political Rights (ICCPR) commitments. A document outlining these issues – drawn from the country’s Universal Periodic Review (with submissions from government, HRCM and civil society), was published in August 2011 – prior to the controversial change of government and fresh allegations of police brutality and attacks on journalists.

Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during Thursday’s session to discuss the country’s human rights commitments.

Government view

When questioned yesterday whether the issues raised in the IDA recommendations were expected to be brought up with the delegation at the UNHRC, the President’s Office said the administration’s key focus would be on dealing with allegations put forward by the opposition Maldivian Democratic Party (MDP).

President’s Office spokesperson Abbas Adil Riza told Minivan News that the government would submit its case against allegations raised by the MDP about alleged police brutality. Abbas claimed that these allegations had been “exaggerated” by the opposition.

A number of NGOs, including Redress, the Helios Life Association, the IDA and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.

Speaking last night at a special ceremony held to celebrate the efforts of Maldivians working with people living with disabilities, President Waheed claimed that the state had in recent years been conducting programmes to try and assist the disabled.

“The only we way we can make our society more kind, just and caring is by us all changing ourselves to be more kind and caring towards the disabled. By making the society friendlier towards such individuals,” the president was quoted as having said by the Haveeru news service.

Local media also reported that the president committed to move ahead with establishing a focused Disability Unit under the Ministry of Gender and Human Rights.

Discrimination prevention

From the perspective of the IDA recommendations, the Maldives has been asked to take a number of steps to ratify the UNCRPD and its optional protocol.

These steps include adopting legal measures that would prohibit discrimination against people living with disabilities or mental health issues,  while also preventing the likelihood of them being abused or facing domestic violence.

The IDA also called on the government to provide health care services including mental and reproductive health care to disabled people along with other related services while ensuring the “free and informed consent” of the recipient. In addition, the report also called for authorities to ensure “involuntary treatment and confinement” were not allowed under national laws.

Addressing article 13 of the CRPD, the IDA also called for the provision to disabled people of “effective access to justice on an equal basis with others”.  This would ensure that disabled people could serve both directly and indirectly in the country’s criminal justice system, according to the recommendations.

The Maldives has also been called upon in the findings to repeal restrictions imposed in sections 73 and 109 of the national constitution. These restrictions are said to relate to the disqualification of elected members of parliament or even the president if they are deemed not of “sound mind”.

According to the IDA, the provisions are contrary to international standards on political participation.

“This is confirmed in OHCHR thematic study on participation in political and public life by persons with disabilities, which explicitly states that there is no reasonable restriction nor exclusion permitted regarding the right to political participation of persons with disabilities,” the recommendations stated.

In considering the state report submitted to the UN by authorities n the Maldives, the IDA said that no references were made directly to disability, with the government having instead referred to the Common Core Document submitted on February 16, 2010.

Marginalisation

According to the recommendations, Maldivians citizens living with disabilities are presently believed to be among the “most marginalised” in society, with a study conducted back in 2008 indicating that an estimated 25 percent of disabled children living in Haa Alifu Atoll and Haa Dhaal Atoll never left their homes.

Despite this apparent marginalisation, the IDA pointed to the provision in the 2008 Constitution of Malidves outlawing discrimination of people living with mental health issues or physical disabilities. The constitution also calls for “special assistance or protection to disadvantaged individuals or groups”, the IDA added.

“This provision provides the constitutional basis for a number of steps being taken to promote and protect the rights of disabled persons. The most important of these steps are the formulation of a comprehensive Disabilities Bill and a more specialised Bill on Mental Health,” stated the recommendations.

Disabilities Bill

The IDA said the Disabilities Bill, based heavily around the CRPD and designed in consultation with disabled people living in the country, was devised with provisions for the establishment of a special council charged with compiling a national database of citizens living with disabilities in the Maldives.

The council would also be required to protect the rights of people with disabilities, as well as oversee specialised monitoring centres, addressing complaints and drawing up annual reports.

“The draft law also requires the establishment of special education centres for disabled persons; requires state schools to have facilities for the disabled and to ensure that no disabled person is denied an education. [It also] requires that disabled persons be afforded special protection in the workplace and to ensure that disabled persons are not discriminated against in the job market; and requires that public spaces such as parks and supermarkets provide access facilities, such as ramps, for disabled persons,” the recommendations said.

“Finally, under the bill, the government commits to providing financial assistance of a minimum of US$155 a month to all disabled persons, while persons found guilty of harassing or mocking disabled persons are liable to be fined between US$389 to US$778.”

While initially passed on December 21 2009, the bill faced criticism from organisations including the ADD, the Maldives Deaf Association , Care Society and Handicap International for not being consistent with the CRPD document.

Reacting to these concerns at the time, former President Mohamed Nasheed was said to have vetoed the bill and sent it back to the Ministry of Health and Family on January 6 for revision. It was re-tabled in parliament during 2010, the IDA said.

“A general policy on disability is in its final draft form. The policy has been developed after consulting with persons with disabilities throughout the country. The policy relies on the CRPD as its framework and repeats its general principles, refers to most of the rights in the Convention and includes national monitoring mechanisms in line with the convention,” the recomendatons claimed. “The policy identifies a national coordination mechanism, as well as the Human Rights Commission as the monitoring body – both elements being in line with the CRPD.

Mental health policy

The IDA claimed that a second policy on mental health was also at an initial draft stage. The report claimed that the draft include “positive aspects” such as recognising the need for “informed consent” to ensure that treatments were not being forced upon people with mental health issues.

“It also recognises a paradigm shift from institutional care to community‐based rehabilitation as an important step towards protecting the rights of people with disabilities,” the IDA claimed. “It also outlines an institutional framework that establishes treatment services in the remote areas, thereby increasing accessibility to essential rehabilitative services to those in need.”

Disability awareness

However, the recommendations stressed that disability awareness had been a recent development in the country.  It claimed therefore that children with disabilities had traditionally been kept within families and away from wider society.

The IDA contended that a “social stigma” still surrounded children with disabilities and affected the way they are treated in society, also limiting future employment prospects.

“Local NGOs claimed in 2005 that there were thousands of persons with disabilities due to high levels of malnutrition during pregnancy. The government has established programmes and provided services for persons with disabilities, including special educational programmes for persons with hearing and vision disabilities,” the recommendations stated. “Persons with disabilities are usually cared for by their families, and when family care is unavailable, they are placed in the Home for People with Special Needs, under the [previous] Ministry of Health and Family, that also hosts elderly persons. When requested, the Government provided free medication for all persons with mental disabilities in the islands, but follow‐up care was infrequent.”

Likes(0)Dislikes(0)

“Radical Islam” undermining Maldivian civil rights: Helios Life Association

“The growing political and institutional influence of radical Islamic groups has undermined the Maldives’ progress towards realisation of rights guaranteed under [The International Covenant on Civil and Political Rights (ICCPR)]”, according to a report compiled by the Helios Life Association (HLA) NGO.

The claims were made in a report entitled: “Maldives: Sudden Reversals in the Implementation of ICCPR Commitments”, which alleges an “alarming increase” in the violation of human rights outlined within the ICCPR that was adopted by the Maldives back in December 2006.

The report by HLA – a non-profit NGO from Switzerland- will be among several documents submitted to a hearing of the UN Human Rights Committee (UNHRC) in Geneva on Thursday (July 12).

The UNHRC has already identified key issues to be taken up with the Maldives concerning its commitments to the ICCPR. A document outlining these issues – drawn from the country’s Universal Periodic Review (UPR) (with submissions from government, HRCM and civil society), was published in August 2011 – prior to the controversial change of government and fresh allegations of police brutality and attacks on journalists.

The government of President Dr Mohamed Waheed Hassan, which came to power through a controversial transfer of power on February 7, responded to the list of issues earlier this month, ahead of its session with the committee this week.

Representatives of the Waheed administration including  Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during Thursday’s session to discuss the country’s human rights commitments.

ICCPR in the Maldives

In discussing the role of the ICCPR and human rights issues in the Maldives, the HLA report said that a new constitution adopted in the country on August 8, 2008, paved the way to implement “most of the rights” outlined in the covenant.

However, the report did note some exceptions to the ICCPR, including sections of Article 18, – “Everyone shall have the right to freedom of thought, conscience and religion” – that it alleged had directly impacted a number of other articles in the covenant.

“The fall of the old autocratic regime following the first free and fair elections in the Maldives in October 2008, provided a further boost in the observation of the rights protected under the Covenant,” the report claimed. “An example of this was the agreement during the Maldives’ Universal Periodic Review (UPR) to address a number of concerns relating to non‐compliance with Article 18.”

In responding to issues raised with the UN on the right to freedom of thought, conscience and religion, the Maldives government said that “the reservation states that the application of the principles set out in article 18 will be without prejudice to the Constitution of the Maldives. Chapter II of the Constitution on fundamental rights and freedoms does not include, among the rights guaranteed, freedom of thought, conscience and religion.”

The HLA report also highlighted “concerns relating to the competence, independence and impartiality of the judiciary,” an issue central to the events leading up to February’s transfer of power following the controversial detention of a serving Criminal Court Chief Judge. The detention saw former President Mohamed Nasheed’s government criticised around the world.

December 23

Drawing attention to what the report called the “institutional influence of radical Islamic groups”, HLA claimed that the law on Religious Unity, implemented back in September 2011 under the Nasheed administration, had impinged on parts of Article 19 of the ICCPR relating to human expression.

“This growing radicalisation resulted in the creation of a coalition of political parties in December, called the 23rd December Coalition for the Defence of Islam. As well as extremist religious elements, the 23rd December Coalition comprised of a range of political groups and individuals linked to the country’s former autocratic leader, Mr Maumoon Abdul Gayoom,” the findings added.

“The Coalition had been formed in direct opposition to the observance of international human rights law, particularly to the undertaking given at the UPR process that a national debate will be held on ending forms of punishment not consistent with Article 7.”

HLA also drew attention to the visit of the UN High Commissioner for Human Rights Navi Pillay to the Maldives and calls she made for debate on the issue of public floggings, particularly for women. The calls were derided by the December 23 coalition at the time.

“The [December 23] Coalition proceeded to carry out a coup d’etat on February 7, which was executed by elements of the army and police loyal to Mr Gayoom, his close allies and former members of his government, and other parts of the 23rd December Coalition, following a call by the then Vice‐President, Dr. Mohamed Waheed, to ‘defend Islam and the Constitution’”, the report alleged.

“The coup saw elements of the police and army threaten the Maldives’ first democratically‐elected President, Mr Mohamed Nasheed, his family and colleagues from the ruling Maldives Democratic Party (MDP), with physical harm or worse unless he resign by a certain time.”

Dr Waheed has always denied accusations that his coalition unity government came to power illegally, claiming his appointment to the presidency was constitutionally mandated upon the resignation of former President Mohamed Nasheed.

Shortly after his resignation, Nasheed contended that he had been forced to resign under duress – calling for fresh elections.

“Undue control”

Since February’s transfer of power, the report added that former opposition parties involved in demonstrations and activities associated with the December 23 movement were now part of the coalition government, while only one major political party in the form of the MDP stood as opposition in parliament.

HLA’s findings alleged that the coalition now exercised “undue control” over the national judiciary, whilst occupying the executive and holding a combined parliamentary majority in the People’s Majlis.

“It also asserts undue influence over over‐sight bodies such as the Human Rights Commission (HRCM), the Police Integrity Commission and the Anti‐Corruption Commission (ACC). Consequently, the opposition and its supporters find themselves victimised without proper recourse to redress,” the report claimed.

HLA claimed that a “significant rise” in political violence had also followed the transfer of power amidst accusations that law enforcement agencies were not investigating crimes by bodies of gangs linked to government-aligned politicians, focusing instead on potential felonies committed by opposition figures.

“The perpetrators of these violent crimes remain at large whilst the courts are filled with political protesters who face criminal charges,” the report added.

Public order

In looking at the present government’s commitments to freedom of assembly, freedom of speech and freedom of expression, the report noted that “legitimate public order concerns”  regarding ongoing demonstrations had been raised during a series of All Party Talks that last convened back in June. However, HLA claimed that a number of other issues raised during the talks appeared to target negating certain “fundamental rights” in this regard.

“It has become routine, once again, for the president and senior members of the government to equate dissent with terrorism, as in numerous public speeches made by the president,” the report stated.

HLA added that allegations of torture as well inhuman or degrading treatment were also on the increase following February’s political upheavals, pointing to claims made by female anti-government protesters.

As well as the use of high power water canons by police during March 2012, allegations were also raised by that some women had been sexually molested or suffered other “degrading punishments” following arrest in the first few months following the transfer of power.

The allegations in the report were based on testimonies from several women aged between 22 and 49 years of age.

Meanwhile, HLA’s findings claimed that the issue of debating flogging, a practice also conducted during Nasheed’s administration, had been deemed by MPs, the judiciary, local NGOs and representatives of the former government as “unconstitutional”.

“On November 25, 2011, the Chief Justice himself publicly rejected a call to implement the commitment given during UPR with regard to ending flogging as a form of punishment,” the report claimed.

The present government has responded that, while corporal punishment was not explicitly prescribed in the penal code, it was administered for “certain offences prescribed in Sharia.”

“The government is, however, looking at ways to ensure that the punishment is not applied in a discriminatory manner. At present, women are far more likely to be publicly flogged than men – mostly because of outdated court procedures such as reliance on confessions rather than forensic evidence – though as noted above this is changing,” the Waheed administration stated in its official response to the UN.

Arbitrary arrest

Considering Article 9 of the ICCPR, which relates to “liberty and security of person” and the prevention of arbitrary arrest or detention, the report also discussed the actions of the Maldives National Defence Force (MNDF) under the Nasheed administration to seize Criminal Court Chief Judge Abdullah Mohamed.

The detention, which the the government claimed had been made over concerns about “national security” owing to allegations that Judge Abdullah was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.

Since February, the HLA claimed that some 400 protesters had reportedly been “arbitrarily detained”.

“There is serious concern that nearly everyone who has been charged is facing fabricated charges. A pattern has developed whereby people are arrested without any explanation being given as to the grounds of their detention,” the report claimed. “They are then asked to provide a urine sample and accused of having taken drugs or drunk alcohol. They are also often presented with a pre‐prepared confession and asked to sign it. All of this takes place while the detainees are denied access to a lawyer. “

Judiciary

HLA also stressed concerns over a “lack of independence and professionalism” within the country’s judiciary, which was claimed to be setting back the country’s obligations under the ICCPR.

Along with criticisms of the effectiveness of watchdog body, the Judicial Service Commission (JSC) – particularly in the regards to Criminal Court Chief Judge Adbullah Mohamed – the capacity of the country’s Supreme Court was also questioned.

“The Supreme Court of Maldives consists of seven judges. Six of whom, including the chief justice, are only trained in sharia law,” stated the report. “They do not have a well‐grounded understanding of international human rights law. They have articulated positions that are contrary to the fundamental rights guaranteed under the ICCPR.”

“Religious hatred”

HLA alleged that there had also been an increase in the reporting and incitement of acts of “religious hatred” including anti-Semitism.

The NGO’s report pointed to incidents including attacks on participants of a silent protest calling for religious freedom in December 2011. One of the participants attacked in December, Prominent Maldivian blogger and journalist Ismail ‘Hilath’ Rasheed, was stabbed in the neck just last month before fleeing the country after partly recovering from his injures. He later alleged the attack was the work of Islamic radicals.

HLA also singled out the publication of a pamphlet by the Dhivehi Qaumee Party (DQP), whose members now hold some senior government positions, entitled: “President Nasheed’s devious plot to destroy the Islamic faith of Maldivians” and an attack on pre-Islamic period Maldivian artefacts in a Male’ museum as further examples of the spread of religious hatred.

“In January 2012, efforts by the police to investigate incitement to religious hatred were blocked by the Chief Judge of the Criminal Court Abdulla Mohamed, triggering a sequence of events that resulted in the displacement of the elected government by the members of the December Coalition in a coup d’etat,” the report added.

Media freedom

Helios reported that despite a period of “relative improvement” in the right to freedom of expression in the country, there were concerns that such developments had been set back in recent months.

“After a period of relative improvement in the right to freedom of expression, there has been serious retraction in this regard in recent months. Subsequent to the coup, there has been harassment of journalists and media outlets that criticise the new Government,” the report alleged. “This has led the UN Special Rapporteur on the right to freedom of expression to place the Maldives on his watch-list of countries where there has been a rise in harassment and attacks against journalists.”

Aside from reports of sections of the police and military seizing and re-branding state television and radio on February 7 without any judicial warrant, concerns were also raised that artists, musicians and users of social networking websites allegedly continue to face threats from law enforcement authorities for expressing dissent against the government, the report added.

“The president, speaking on 24 February 2012, branded those who ‘defame the Government’ as ‘traitors’. His Press Secretary, Mr Abbas Adil Riza, has condemned on several occasions those who have called for international sanctions on regime leaders,” the report claimed.

HLA also raised issue with claims that the Ministry of Education back in March issued a “compulsory directive” for curriculum textbooks to class the transfer of power as a legitimate act – without the conclusion of a Commission of National Inquiry (CNI) set up by the government to probe the circumstances of February 7.

The Waheed administration has nonetheless denied the harassment and intimidation of journalists. Instead, it contended that “media freedom has remained steady with the constitution protecting freedom of expression but also restricting freedom of speech contrary to the tenets of Islam.”

While the government blocked websites controversial to Islam, it “is working to ensure the media is free to tackle any subject. It was by the current administration of President Dr Waheed Hassan who took office in February 2012 that Maldives National Broadcasting Corporation was handed over to the Parliament-created Maldives Broadcasting Corporation that had ended executive control of the media.”

Likes(0)Dislikes(0)

Jameel and Dunya to defend Maldives’ human rights record at UNHRC

The Maldives’ government will on Thursday defend its human rights record to the UN Human Rights Committee (UNHRC) in Geneva.

The delegation will be headed by Home Minister Dr Mohamed Jameel, former Justice Minister under 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 while in opposition.

Dr Jameel will be accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, Counsellor Marc Limon (formerly of PR firm Hill & Knowlton), Third Secretary Muruthala Moosa, and four interns: Marie Gabrielle Glock, Katherine Hamilton, Jessi Challis and Rinaldo Foncesca.

The UNHRC has already identified key issues to be taken up with the Maldives, concerning its International Covenant on Civil and Political Rights (ICCPR) commitments. A document outlining these issues – drawn from the country’s Universal Periodic Review (with submissions from government, HRCM and civil society), was published in August 2011 – prior to the controversial change of government and fresh allegations of police brutality and attacks on journalists.

Issues identified in the 2011 document include counterterrorism measures, commitment to reducing discrimination (including on the basis of gender, sexual orientation, and religion), and prohibition of torture and cruel, inhuman and degrading treatment or punishment.

One specific issue identified was the move in parliament to make the enforcement of the death penalty mandatory where such a verdict is upheld by the Supreme Court, which would place the Maldives in breach of its ICCPR commitments.

Dr Jameel last week stated he was willing to implement death penalty in his capacity as Home Minister. Supreme Court Chief Justice Ahmed Faiz also said he was willing to enforce such verdicts, as the Maldives struggles to come to terms with a sudden wave of violent crime and murder this year.

The ICCPR document asks whether prison personnel responsible for the death of Evan Naseem – a watershed moment in Maldivian political history that sparked democratic reform – had been investigated, and faced justice.

The document challenges the Maldives’ commitment to combating domestic violence and sexual assault in general: “According to information before the Committee, in the absence of a confession, a man can only be convicted of rape if there are two male or four female witnesses to the act. How does this comply with the Covenant?”

It also asks the Maldives to clarify its position on corporal punishment, whereby flogging sentences are routinely given for offences under Islamic sharia. The topic is sensitive in the Maldives, with UN Human Rights Commissioner Navi Pillay widely condemned in the Maldives following her call in parliament for a moratorium on the flogging of women as punishment for extramarital sex.

The UN document – produced in August 2011 – also calls on the government to clarify matters surrounding the nine-day detention without charge of MP Abdulla Yameen, then “leader of the opposition”, and challenges the government on issues relating to prison conditions, overcrowding, and lack of a legal aid scheme.

The document calls for the government to explain the country’s treatment of migrant workers, and in particular, “explain the measures being taken to deal with the trafficking of individuals from Bangladesh and India, who are mainly trafficked into the State party for labour and commercial sex exploitation.”
The document also requests the Maldives justify its reservation to article 18 of the ICCPR concerning freedom of religion, specifically the practice of religions other than Sunni Islam by the country’s largest population of foreign nationals.

It also calls on the Maldivian government to respond to allegations of “widespread harassment and intimidation” of journalists.

On June 4, well-known blogger and journalist Ismail ‘Hilath’ Rasheed had his throat cut in what appeared to be the first targeted assassination attempt of a media figure in the Maldives. Rasheed, who had been attacked multiple times prior to the attempt on his life, survived, and has since fled the country. Rasheed claimed he was attacked by radicalised gang members who were operating with the consent of “senior political and religious figures.”

Government response

The government of the Maldives responded to the list of issues earlier this month, ahead of its session with the committee later in July.

It acknowledged “efficiency and effectiveness” challenges with the local Human Rights Commission (HRCM).

“Notwithstanding, the government believes that HRCM already possesses necessary human and financial resources. It is worth noting that at a time of severe
economic difficulties in the Maldives, the HRCM has a budget of 22 million rufiyaa ($1.4 million – an extremely large sum considering the small economy and small population of the Maldives) and a staff of over 50 officials,” the response noted.

The Maldives had made considerable progress on issues of gender discrimination, the government stated, and towards addressing domestic violence with the introduction of a relevant bill.

On the subject of discrimination based on sexual preference, the Maldives had no specific law banning homosexuality, the government noted, however “article 10 of the Constitution of the Maldives states that the religion of the State of Maldives is Islam and Islam shall be the one of the basis of all the laws of the Maldives. Therefore, no law contrary to any tenet of Islam shall be enacted in the Maldives.”

“This excludes the possibility of enacting any law protecting the rights of persons based on their sexual orientation,” the government stated, adding that 23 people had been formally charged for homosexuality between 2007-2011.

With regard to article 18 on the right to freedom of thought, conscience and religion, “the reservation states that the application of the principles set out in article 18 will be without prejudice to the Constitution of the Maldives,” the government stated.

“Chapter II of the Constitution on fundamental rights and freedoms does not include, among the rights guaranteed, freedom of thought, conscience and religion.”

Regarding concerns over the introduction of the death penalty, the government noted that the referred bill was a proposed amendment to the Clemency Act “which will make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

“The amendment is proposed in an effort to stop crimes of murder and violence. The death toll in the Maldives has increased recently to a level of great concern and it is in the view that if death penalty or capital punishment is enforced it would reduce crime rate,” the government stated.

While corporal punishment was not explicitly prescribed in the penal code, it was administered for “certain offences prescribed in Sharia.”

“The government is, however, looking at ways to ensure that the punishment is not applied in a discriminatory manner. At present, women are far more likely to be publicly flogged than men – mostly because of outdated court procedures such as reliance on confessions rather than forensic evidence – though as noted above this is changing,” the government stated.

Yameen’s detention on the Presidential retreat at Aarah by the government of President Mohamed Nasheed “acted in contravention of the prescribed 24 hour rule and did not follow due process in dealing with political opponents on a number of occasions,” the government stated.

“Mr Yameen Abdul Gayoom‟s arrest and detention – by the police on an isolated island [Aarah] without access to a lawyer or to his family, were arbitrary and unlawful,” the government said.

On human trafficking, the government outlined measures it was taking to address international concerns and provide support for victims, including “a 24/7 toll-free help line to be announced shortly.”

“Language training is to be provided for the staff of Department of Immigration and Emigration and Labour Relations Authority (LRA) or translators are to be placed at borders to assist in identification of victims and providing necessary assistance to the victims,” the government stated. The country recently appeared on the US State Department’s Tier 2 Watch List for Human Trafficking for the third year running.

The government denied harassment and intimidation of journalists. Instead, “media freedom has remained steady with the constitution protecting freedom of expression but also restricting freedom of speech contrary to the tenets of Islam.”

While the government blocked websites controversial to Islam, ”the government is working to ensure the media is free to tackle any subject. It was by the current administration of President Dr Waheed Hassan who took office in February 2012 that Maldives National Broadcasting Corporation was handed over to the Parliament-created Maldives Broadcasting Corporation that had ended executive control of the media.”

A number of NGOs, including Redress, the Helios Life Association, the International Disability Alliance (IDA) and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.

Minivan News will review these submissions this week ahead of the Maldives’ appearance in Geneva.

Likes(0)Dislikes(0)

Comment: HRCM “deaf and blind” to abuses of coup perpetrators

Independent institutions play a pivotal role in a democracy. Their independence from political influences is one of the key reasons such institutions remain a vital part of democracy and a functional mechanism for check and balances of a democratic system.

One such institution established by the Maldivian constitution was the Human Rights Commission of the Maldives (HRCM). An institution set up under the article 189 of the constitution to ensure that the Maldives has made the much needed necessary transition from the days of police brutality and human rights violations during the ‘Gayoom era’ to the present day, and to protect and uphold the values of human rights of all citizens.

But the tale seems to be going in the wrong way. It is going to be almost four months after the country’s first democratically elected president was ousted in what was an obvious coup d’etat. It is going to be four months from the day where a few petty politicians, with the financial backing of a few self-centered business tycoons and mendacious preachings of deceitful sheikhs, led to disillusioned patriots within the security forces make an absolute mockery of the people’s rule.

With the coup came not only a change of a regime, but a return to the nightmares of Gayoom’s 30 year long dictatorship that the Maldivians never ever wanted to see again. Nepotism has come back in full swing. Police brutality once again has become abundant. Reports of human rights violations are slowly re-surfacing.

On February 6, the night before Nasheed was forced out of office, a police platoon broke the chain of command and came storming into the Maldivian Democratic Party (MDP) ‘Haruge’ and ran riot in the premises, beating down anyone that unfortunately came into their way – a direct violation of the article 246 of the Constitution of the Maldives. The HRCM failed to come up with anything substantial.

On February 8, the day after the toppling of Nasheed’s administration, the ousted president and senior officials of his administration and several MPs, along thousands of citizens who were convinced that their vote had been ‘robbed’ by ousting their elected leader, took to the streets exercising the constitutional rights of freedom of expression and freedom assembly entitled in the articles 27 and 32.

The protesters were met with one of the most violent crackdowns in the history of the country. But the HRCM merely concluded with a condemnation statement and the publishing of a report.

But alas, they found it an utmost priority to investigate the matter of the arresting of the chief Judge of the Criminal Court, the notorious man who is the root of the problems of our crippled judiciary. Yes, I do not disagree that arresting of a Judge was indeed a controversial move, given how flawed the check and balance mechanism is in our system is.

But when one protecting a notorious Judge with a history of ‘bending justice’ for his own personal interest becomes more of a priority than to looking into the human rights violations of hundreds of ordinary people beaten down ruthlessly by the police and the military, who were supposed to serve and protect them?

On March 6, a country that boasts of working to empower and uphold the rights of women and advocate against gender disparity, suddenly forgot what they had been preaching, and found the respect and dignity of the women they advocated for blasted by saltwater cannons. A group of female protesters went to the president’s office with an innocent intention of delivering a petition to the regime leader. Despite having a female in the presidency of HRCM, what a shame it was when it barely made a move. Where were the rights of women that day?

On May 29, another wave of police brutality struck again, as the coup regime’s unprecedented sudden nightmares over a ‘cursed rooster’ lead to police sieging into the MDP protest camp at ‘Usfasgandu’ under the excuse of alleged practice of black magic and sorcery, only to find no substantial evidence that gave rise to any criminal activities going on in the camp.

Furious protesters again began protesting in front of the barricades and yet again the police barged into the crowds with batons and pepper spray, beat down protesters and even pepper sprayed a cameramen of a local TV station who had tried to film the violent arrests.

But it seemed that the officials of HRCM present during the police takeover of the camp were either not in sane mind, or blinded and deafened as the commission issued a statement applauding the actions of police for their ‘professional handling’ the situation. What a fantastic way to mock the people again as the video footages revealed the extent of barbarity of the police. When did violent brutality become professionalism?

The Human Rights Commission is bitterly failing. They are far behind in following up with the police brutality and human rights violations of the coup regime. They have become a deaf and blind toady of Gayoom, Waheed and the senior officials of the coup regime instead of being the lions of the throne. They ought to have been defending and upholding the rights and liberties of the Maldivian constitution. Indeed a disheartening story to tell.

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]

Likes(0)Dislikes(0)

Comment: Weathering the storm – the Commonwealth and Maldives

The Commonwealth Ministerial Action Group (CMAG) is in the eye of a storm in Maldives. In its last meeting on 16 April it warned that it will consider “stronger measures” if the terms and reference and composition of the Maldivian National Commission of Inquiry is not “amended within four weeks in a manner that is generally acceptable and enhances its credibility”.

“Stronger measures” is probably a hint at suspension from the Commonwealth. Over two weeks have passed since that decision, now in Maldives there is talk about withdrawing the country’s membership from the Commonwealth.

How did all this come about? In the past few months, events in the Maldives have caught headlines and raised eyebrows across the world. These months saw the country’s democratic transition plagued by serious uncertainty. The most sensational part of this turn of events is mystery around the exit of former President Mohamed Nasheed.

The National Commission of Inquiry (NCI) was set up by the government to look into what transpired on the fateful day of 7 February 2012 when Vice President Mohamed Waheed Hussain took over following Mr Nasheed’s resignation – which the latter subsequently claimed was forced at gun point. The immediate backdrop for this is the military’s arrest the Chief Judge of the Criminal Court on 16 January 2012 under Mr Nasheed’s orders – a move that attracted international condemnation and regular protests in Maldives.

Mr Nasheed claimed that the judge who was under investigation by the Judicial Services Commission (JSC) represents a judiciary that is dysfunctional – while protests continued to rage and reports of a possible police mutiny began to emerge as 7 February unfolded.

Storm clouds have gathered over Maldives for long and the recent series of events are a culmination of what has been brewing for a while. Following a drawn out pro-democracy struggle in the Maldives led by Nasheed’s Maldivian Democratic Party (MDP), the 2008 Presidential elections saw Mr Nasheed contested against the incumbent Mr Maumoon Abdul Gayoom and winning – albeit by a margin of about eight percent.

The end of the 30 year regime of former President Gayoom was widely perceived as the beginning of full-fledged democracy in the Maldives. Since then, what began as a smooth ride eventually began to get bumpy. Rising prices, drug and crime issues, economic disparity, corruption allegations and concerns over the transparency of increasing foreign investments all began to cause unrest. Towards the end there were frequent public demonstrations and political standoffs.

While stalemates between the opposition dominated Parliament and the executive has been an issue, divisions also emerged between the executive and the judiciary – most of the appointments in the latter had been made during Gayoom’s tenure and the executive viewed this wing of state as being unreformed and loyal to the former regime.

The international community including the Commonwealth eased out of their heightened scrutiny of Maldives following the 2008 Presidential elections. In the aftermath the country’s nascent democracy has faced severe tribulations. Maldives is precariously located in the tip of South Asia, in the middle of strategic sea lanes making it important economically and politically both for the West and the two Asian giants – China and India. The crisis in the Maldives is an important bellwether of the edgy geopolitical climate in this region which has already found reflection in other countries of the region such as Sri Lanka.

While a lot of the current focus is mired over opposing political views within Maldives, it is important to remember that the vagaries of politics inside and outside the country should not ultimately lead to the Maldivian people viewing the values of human rights and democracy with blighted hope. It is important that these values are upheld and the protections that they afford are ensured.

An important step in doing this is to make sure that truth is both told and is seen to be told, freely sans politicisation. In this context, it is important that the National Commission of Inquiry is credible and is able to investigate and report freely and publicly. This call for credibility and impartiality has also been aptly echoed and elaborated by several Maldivian NGOs coming together in a new civil society coalition called ‘Thinvana Adu’ or ‘Third Voice’. Independent institutions in the Maldives such as the Human Rights Commission of Maldives (HRCM) and the Police Integrity Commission (PIC) should follow this lead and conduct their own parallel investigations and report publicly at the earliest.

Even though the Commonwealth should have made more early and transparent efforts to scrutinise the progress of democracy in the Maldives, it is a good sign that after years of being dormant CMAG has now taken the directions given to it in the 2011 Commonwealth Heads of Government Meeting seriously. It is also important that CMAG has recognised the need for a credible National Commission of Inquiry. If Maldives decides to leave the Commonwealth it will be the only other country after Zimbabwe to do so – a parallel that may be politically damaging for Maldives to equate itself with at this time of crisis.

R Iniyan Ilango is a Coordinator for the Strategic Initiatives Programme of the Commonwealth Human Rights Initiative.

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]

Likes(0)Dislikes(0)

Amnesty calls on government to investigate allegations of sexual harassment of female detainees by police

Amnesty International has called on the government to investigate allegations that police beat and sexually harassed four women detained during an anti-government rally.

“While in detention they were forced to undergo naked body checks on the spurious suspicion of concealing drugs in their genitals. They were forced to strip and squat several times while in prison,” Amnesty stated, after gathering testimony from the women.

“There is no indication that the women protesters were involved in any acts of violence during the rally. Their detention therefore was arbitrary. Cases of molestation and other humiliating sexual acts against women have been reported in the past, but these latest allegations highlight a new police drive to suppress political activity under the pretext of body searching female detainees for alleged possession of drugs,” the human rights organisation stated.

“The beating and sexual harassment of political detainees under the pretext that they are suspected of possessing drugs must end. None of the four women detainees had been arrested on that suspicion so there was no justification for the searches, said Amnesty researcher Abbas Faiz.

Amnesty sought testimony from four women.

Twenty-two year-old Yusra Hussein told Amnesty that she was arrested by four female officers on March 19, who “beat me as they handcuffed me. They beat me on my stomach, which was very painful as I had had a caesarean section in the past. They grabbed my breasts and twisted them.”

After she was taken to Dhoonidoo detention centre, “They beat me with electric cables. I still have marks of their beating on my body. They then forced me to strip naked and made me squat on the floor. They took a urine test and did a body check on me.

“They forced me to sit in that position for a body check several time. Each time I felt sick but they paid no attention. They just wanted to humiliate me as they were shouting filthy words at me all the while,” Hussein told Amnesty.

Aishath Muna told Amnesty that police arrested her after she had taken another female protester to hospital.

“Police had pepper sprayed the protester and she had been feeling sick. When Aishath Muna returned to the MDP offices, two police women arrested her. She said the handcuffs which they used on her were very tight. She complained but they took no notice. She was then taken to Dhoonidhoo detention centre where she was forced to take off her clothes and undergo a body check,” Amnesty reported.

Another woman, 44 year-old Mariyam Waheeda, told Amnesty International that two women police officers who detained her on 19 March beat her “and dragged her along the floor. They grabbed her breasts and twisted them while handcuffing her. She said they took her to the police station and only released her after she convinced them she had not taken part in the protest rallies.”

The fourth woman, Aishath Aniya, “said she had been forced to undergo a urine test, was made to take off her T-shirt, bra and jeans, and was told to squat three times.”

“The Maldives has an image as a luxury holiday destination, and over the past few years, it had established a positive track record on human rights. But the fact is at the moment, not only is repression of peaceful political protest an everyday reality, it has taken an appalling new twist with this cruel and degrading treatment,” said Faiz.

“The government of Maldives must ensure that these allegations are investigated and that those found to be responsible are brought to justice.”

Amnesty noted the police response denying the allegations and recommendation that the women concerned contact the Human Rights Commission of the Maldives (HRCM).

“HRCM has told Amnesty International that they have serious limitations in terms of trained investigative staff and dealing with human rights issues in a highly politicised environment is an overwhelming challenge for them,” Amnesty noted.

“By referring cases of police abuse of power to the HRCM, when it is clear that such investigations are beyond its capacity, the government is in effect forfeiting its own responsibility to enforce respect for human rights within the police force,” said Faiz.

HRCM had yet to complete investigations into the alleged sexual harassment of female detainees in 2004, Amnesty noted.

“This is the wrong message to give to the police as it will encourage police officers to violate human rights with impunity. The Maldives government must ensure that the right to freedom of assembly and expression is protected at all times.”

HRCM is currently investigating former President Mohamed Nasheed’s detention of chief Judge of the Criminal Court, Abdulla Mohamed. Former Home Minister Hassan Afeef was summoned for questioning yesterday.

Likes(0)Dislikes(0)

Dr Shaheed’s report on Iran reveals six-fold increase in executions since 2003

UN Special Rapporteur on Iran and former Maldives Foreign Minister, Dr Ahmed Shaheed, has released an explosive report on human rights abuses in Iran.

Dr Shaheed, who was appointed Special Rapporteur in June 2011, reported that Iran had executed 670 people last year, 81 percent of them for minor drug offences that did not justify capital punishment under international law. 20 people were executed for offences against Islam, Dr Shaheed found, while a further 15 are awaiting death sentences for adultery.

Of these executions 421 were announced publicly, while 249 were performed in ‘secret’. Dr Shaheed expressed particular concern about the surge in executions in the last three months of 2011, from 200 in mid-September 2011 to over 600 by the end of the year – a six-fold increase on 2003.

Despite drug offences being the most frequently-cited reason for executions, Dr Shaheed told a press conference that there were “strong indications” that the arrests were political and drug charges added later.

Dr Shaheed found the Iran had not only executed more citizens per capita than any other country in the world, but had also detained the most number of journalists. 42 were current imprisoned, while a further 150 had fled since the 2009 election for fear of persecution. Journalists were also reportedly barred from appearing at their trials and were often informed of their sentences in prison.

The Iranian government refused to allow Dr Shaheed to visit the country in his capacity as UN Special Rapporteur, describing him as “incompetent”. The report relied heavily on first-hand testimonies, “the preponderance of which presents a pattern of systemic violations of fundamental human rights,” it noted.

Head of Iran’s the parliamentary commission on human rights, Zohreh Elahian, said the report was based on “politically tainted objectives and politicisation.”

“As was clear in Ahmed Shaheed’s draft document, the report is biased and serves political objectives since he had visited a number of European states and had meetings with the opposition and anti-revolution forces living abroad,” Elahian said.

Iranian MP Alaeddin Boroujerdi told media that Dr Shaheed was “a US agent”.

“From the first day that Mr Ahmed Shaheed was appointed as the UN [human rights] rapporteur, we suspected he was a US agent; but after he published a few reports [on the rights situation in Iran], we became certain he had been sent on mission by the Americans,” Boroujerdi said.

Dr Shaheed’s mandate for the post was narrowly approved in a UN resolution despite the opposition of Cuba, China and Russia. He told journalists he hoped the mandate would be extended.

“One of the most important aspects of this mandate is its capacity to give voice to those that believe themselves to be silenced by fear and lack of recourse,” he said.

Likes(0)Dislikes(0)

“Negligence” to blame for deaths of four children in three weeks: HRCM

While attention in the Maldives focuses on a political crisis which shows no sign of abating, the people are faced with another issue of urgent attention: an increase in the number of child deaths.

Four children under the age of 10 have been reported dead in isolated incidents in just the last few weeks.

The first case was reported on February 19 after a one year-old baby fell from the second-floor balcony of a house in Male’.

A week later, a 10 year old boy was reported dead on the island of Miladhoo in Noonu atoll on February 27. According to local news outlet Sun, the boy had consumed paint thinner (a toxic solvent) while playing around with friends and was subsequently poisoned.

In the first week of March, a two year-old girl was found dead in a fish pond inside a house on Maaamigili in Alifu Dhaalu Atoll, while a six year-old boy was fatally injured after he was hit by a speeding motorbike in a road accident on Gan in Laamu Atoll. The boy went into a coma and died on Thursday night.

Following the death of the boy, the Human Rights Commission of the Maldives (HRCM) released a statement saying that the children deaths had increased recently due to “negligence in providing the necessary protection required by the children”.

Expressing concern over the deaths, the commission had urged the government to identify potential threats to the children in the community and formulate the legal framework to protect the children from harm, and educate parents to minimise such incidents.

Speaking to Minivan News, Police Sub-Inspector Ahmed Shiyam observed that “it is difficult to believe that any mother or father would deliberately neglect the child or cause any harm”.

However, he noted that the way of life has changed drastically over the past years including children’s behavior and playing habits. “Therefore it is necessary to be more attentive to what the children are doing all the time,” Shiyam said.

He noted that police are investigating the reported deaths of children to determine if there was any negligence involved, and will forward the cases to the Prosecutor General’s Office (PG).

“The PG will decided whether to prosecute the cases,” he said.

The deaths come amid the political unrest in the Maldives, which continues to attract almost all of the public’s attention. Cross party peace talks backed by international support have failed to resolve the political stalemate.

Likes(0)Dislikes(0)