Tag: islam

Women leading youth brain drain due to “stifling environment”

“There is a lot of brain drain here, that’s part of why I came back. I didn’t want to be a brain drainer. I wanted to fix it.”

Halifa* is a 25 year-old Maldivian woman, educated and living abroad, who returned to work in the Maldives for a one year contract in a highly specialised professional field.

For many young people, Halifa says, Maldivian culture is an obstacle to growth and employment.

“Many youth wish they weren’t even Maldivian, they don’t know why they had to get stuck here,” she says. “When I talk to one of my friends, she says she wants to get out and come back when it’s better. That attitude is actually quite common.”

The Maldives has an unemployment rate of 32 percent, with women accounting for 24 percent overall. Young people comprise 40 percent of the population of the capital Male’. Of these youth, few females hold diplomas and many are unemployed.

“Lots of girls quit school to get married, and before long they’re having kids and trying to raise a family aged 19 or 20,” Halifa says.

For those who do look for jobs, the options are few.

“Most bosses hire for looks,” says Halifa. “Girls are often hit on by bosses, and some give in. Maybe they think they can handle it if it will improve their CV. But after the relationship, most girls leave the job and maybe take up the burqa. The experience may be so bad that they won’t look for another job.”

Growing religious fundamentalism is causing ripples of concern over female employment – although the Constitution allows for equal rights, few stand up for them. Instead, women increasingly accept a “culture of timidity and submissiveness,” in the words of another Maldivian woman, who is pursuing her doctorate.

It is a significant time for the strengthening of Maldivian democracy following the introduction of multi-party elections and many new freedoms. But it seems that women are both dissuaded from and reluctant to participate in the job sector. Frustrated by social, political and religious obstacles, youth are looking to apply themselves elsewhere. Is the Maldives facing a female brain drain?

“The ultimate goal is to raise an educated housewife”

A 2007 UNICEF report found that girls were almost 10 percent more likely to pass from primary to secondary schooling than boys, and repeated primary school less often. But sources say fewer girls are fulfilling their potential.

A government official who spoke to Minivan News said that many women lose their motivation to pursue higher education at grade 11, choosing marriage instead. The official said things are changing, but opportunities remain scarce for both genders.

“I think what women lack really is higher education, and men as well. If we want to move ahead, we need to focus on providing higher education,” she says.

Cost and accessibility contribute to the low achievement rates. Higher education is expensive by Maldivian standards, and the wait for scholarships is demoralising, says Halifa. Students who study abroad are often from wealthy families, and therefore not selected for their intelligence or ambition.

Halifa adds that Maldivian culture does not justify the effort of getting a degree: “Education is valuable in the Maldives, everyone wants their kids to have degrees. But then what do they do? They still expect them to be at home.”

According to an Asian Development Bank (ADB) report dated 2007, Maldivian cultural standards make it difficult for girls to pursue professional degrees.

“Cultural expectations regarding young women living away from home impact upon the numbers of female students studying abroad and hence female attainment of tertiary qualifications. From 1995 to 2000 a total of 876 students were awarded government scholarships to study abroad, 42% of which went to girls. From 2001 to 2005, 39% of undergraduate scholarships went to girls, 38% of post-graduate scholarships and 22% of doctorate scholarships.”

The Maldivian parliament has 77 members, only five of whom are female. MP for the ruling Maldivian Democratic Party (MDP), Eva Abdulla, said the lack of higher education affects a woman’s chances in the job sector.

“It is difficult for women to get the education necessary to compete with men of the same age for the same job. Statistics show that women are receiving less education than men after tenth grade, whereas up until secondary school they are on par.”

Abdul said the pressure to stay home and become a mother was significant. She also acknowledged that a woman’s path to employment is unclear.

“Equality in the work force and equal opportunities for women won’t happen naturally if we just improve education. We need to make some real changes to show an improvement in the ratio of men to women in the work force,” she said.

In some cases, however, employers see education as a threat instead of an asset. Halifa’s boss allegedly told her she was lucky to be hired with a degree. Since the boss only held a diploma, she preferred hiring employees whose qualifications did not jeopardise her own.

“Cover up and wear the burqa”

Halifa says her boss made unflattering assumptions about her personal life since she was over 20 and unmarried.

“I was guilty before I even knew I was being judged,” she says.

There is “not one single resource” for women who feel they are receiving unfair treatment at work, said Abdulla. “I don’t know if we have even made it comfortable for women to talk to each other here.”

Halifa adds that complaints of sexual harassment only provoke criticism of her religious practice: “They just tell me to cover up more and wear the burqa,” she says.

Although Maldivian law and society allow for equal rights between genders, speaking out is considered brash and unfeminine, and the cultural mindset of wearing the burqa means more girls are being married young without finishing their education. One woman called this shift in behavior “brain wastage: a deliberate refusal to apply the brains that one has – and this is the biggest problem that Maldivian women face today.”

Behind the pack

“Gender equality is an area in which the Maldives is lagging behind most countries in achieving the Millennium Development Goals (MDGs),” UNDP advisor Ferdinand von Habsburg-Lothringen observed at the Democracy Day ceremony earlier this month. “Democracy is dependent on not just 50 percent of the people. With only half of the eligible work force participating, growth will not flourish in the Maldives.”

According to Abdulla, women want to work but cannot find the domestic support necessary for them to work outside the home.

“I have not met many who say they would rather stay home,” she said. “But the pressure of managing a career and a home is serious. Women have two jobs: one paid, one unpaid.”

The stress on women is detrimental to economic growth.

ADB reports that almost half of Maldivian households are headed by women, while less than four percent of men contribute to household tasks. Approximately 25 percent of women-headed households depend on income from a husband who works away from home, and one sixth are run by widows or divorcees.

“Divorced women and their children are particularly economically vulnerable and [have] limited choices to improve their situation apart from remarrying: Maldivian women have on average four marriages by the time they reach 50 years of age,” states the report.

In 2007, ADB found that female-headed households accounted for 47 percent of the population, one of the highest rates worldwide. Only 21 percent of these households were economically active.

A government official familiar with the issue said “the middle market is the primary area of employment for women”, with few women advancing to the top. She added that she is often the only woman at a business meeting.

Most sources agreed that the recent rise in religious fundamentalism could have a long-term effect on women’s employment prospects.

In 2009, opposition Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam introduced the Soft Loans Provision for Women to enable women to borrow small amounts of money and set up small businesses from home. She said the bill would particularly benefit island women who have fewer employment options.

The bill was stopped when it reached the Islamic Ministry, which declared interest haram.

“This is ridiculous, because our banks operate with interest,” Adam said. “But when interest involves women the Ministry calls it haram. And it’s only a tiny amount of interest, about six percent maximum.”

Adam said the loans provided by the bill would range from Rf5,000 to Rf300,000.

“Unless we do something about the growing religious fundamentalism in the Maldives, women will only stay at home and breed children in the coming years. That is not constructive for a growing country and economy. It would be a major economic setback,” said Adam.

“We are a country in transition so what happens during this time defines what happens next.”

Women face many challenges to employment: complicated social expectations, unclear motives for education, an increasingly strict Islamic code, and scrutinising work environments. If current social trends continue, there will be little room and few incentives for the next generation to contribute to the country’s growth.

“Educated Maldivians find themselves intellectually stifled in the current climate, especially with the astonishing gains that ultra-religious conservatives have made in Maldivian society in the last decade,” observed one source.

At this year’s 55th session of the Commission on the Status of Women, Abdulla said gender stereotyping and violence “threaten[ed] to erode our gains and erect obstacles to future progress.” She warned that unless key institutions such as Parliament include more women in their decision-making processes, “policies will continue to lack the multifaceted approaches required to address the complex social, political and economic needs of our country.”

Recent initiatives such as the Domestic Violence Bill and the National University Act are positive steps. But Abdulla said evidence suggests more families are removing girls from education systems and keeping them in the domestic circuit. “We believe that religious extremism that shapes negative attitudes towards women and girls forms the genesis of this devolution towards female education and empowerment,” Abdulla said at the session.

One woman warned that if religious and social trends continue, “in ten years women would be lucky to leave the house, let alone the country.”

Although most sources agreed that religious fundamentalism challenges the thinking, working woman, some say it is not actively preventing women from going to work or improving their lot.

Halifa is optimistic about her generation, but said success depends on key changes. “I think when our generation is in charge they will be people who have gotten out, who have seen other cultures, who are more familiar with the power of women. The religious guys are still an issue for development,” she says.

One government source added that compared to Mexicans, Maldivians do not have a strong urge to cross a border.

Adam cautioned that the Maldives should be aware of the outside world’s appeal to youth. “If we can’t offer challenging jobs and salaries that are competitive with what other countries are offering, we have a hard time keeping our educated youth involved at home,” she said.

Abdulla says she believes that there would be significant opportunities for youth in the government and private sectors in the next five years, but felt that more needed to be done to improve the working environment.

“Equality in the work force and equal opportunities for women won’t happen naturally if we just improve education,” she said. “We need to make some real changes to show an improvement in the ratio of men to women in the work force.”

*Name changed according to request

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Adhaalath party votes to sever coalition agreement with MDP

The religious conservative Adhaalath Party decided last night to break off its coalition agreement with the ruling Maldivian Democratic Party (MDP), after the party’s consultation council voted 32 to 2 to approve a resolution to leave the government.

Adhaalath becomes the last major party of the ‘Watan Edey’ coalition – formed to rally against former President Maumoon Abdul Gayoom in the second round run-off of the 2008 presidential election – to leave the MDP-led coalition.

The resolution on terminating the coalition agreement signed with the ruling party on June 30, 2009 states that the government ignored Adhaalath’s “sincere advice and suggestion” while the party was forced to stage street protests “to put a stop to serious matters related to the country’s religion and sovereignty.”

Among the 28 main points noted in the resolution included rising inflation under the current administration, refusal to reimburse deducted amounts from civil servants salaries, failure to alleviate the persisting dollar shortage, appointing unqualified “activists” to manage government corporations and insufficient measures against corruption in the government.

The Adhaalath party claimed that the government was “making secret deals with Israel in the name of the people and pursuing relations with Israel to an extent that threatens the nation’s independence and sovereignty.”

Moreover, the Adhaalath party accused the government of agreeing to “let Israel influence the country’s education curriculum.”

Among government decisions strongly contested by the party, the resolution also referred to a proposal to make Dhivehi and Islam optional subjects in higher secondary education and reclaiming a plot awarded to the Islamic College (Kulliya).

The final eight points meanwhile include the use of force against protesting parents of Arabiyya students, senior government diplomats expressing concern with Maldivian students going to Arabic or Islamic countries for studies, publishing regulations allowing sale of alcohol to non-Muslims in inhabited islands, insufficient cooperation with the Islamic Ministry’s efforts to close down brothels.

In addition, the party contended that the “essence” of the newly-published religious unity regulations was lost after it was diluted by the government, which held it up for 16 months.

Islamic Minister Dr Abdul Majeed Abdul Bari and State Minister for Islamic Affairs Sheikh Hussein Rasheed were reportedly not present when the resolution was passed last night. Neither had responded to calls at time of press.

Party President Sheikh Imran Abdulla said “senior government officials in Adhaalath” would be informed that they could no longer represent the party in the government.

At yesterday’s press conference, party spokesperson Sheikh Mohamed Shaheem Ali Saeed said the party had no plans to enter into a formal coalition with an opposition party and aspired to become “the most independent political party in the country.”

Sheikh Imran added that the party has not decided whether to field a presidential candidate in 2013.

He explained that the party will decide to either contest the presidency on its own or join a coalition based on the political circumstances in two years.

“That decision will be made by the consultation council when the time comes,” he said. “Nonetheless, as Sheikh Shaheem just said, we will do everything we can to ensure that a government that will work for the benefit of the public and for a brighter future for the people is elected in 2013.”

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Stigma against female employment in resorts confused, workers say

The stigma against female employment in resorts presents challenges for reducing the 32 percent unemployment rate, over two-thirds of which is accounted for by women.

Sources familiar with the issue, however, claim that the stigma is “fueled by misinformation and fear”.

A recent report from Sweden’s Lund University claimed that community perceptions of resort life as ‘western’ and offensive to Islam are giving the industry a negative reputation, and are preventing women from pursuing employment in the Maldives’ most lucrative sector.

Ima* recently spoke to Minivan News about her employment in the resort sector. She was one of the first Maldivian females to be hired at a resort ten years ago, and previously lived on a local island.

“It’s very much like a family,” she said. “I know of hardly any issues with harassment from guys, people look out for each other.”

By contrast, several women working in Male’ told Minivan News that they often face sexual discrimination and harassment in the workplace. One source said there is no support against such treatment.

According to Maldivian Democratic Party (MDP) MP Eva Abdulla, “I don’t know if we have made it comfortable for women to talk to each other here.”

The thesis, “Women in Tourism: Challenges of Including Women in the Maldivian Resort Sector” was prepared by Eva Alm and Susanna Johansson during their five-month stay in the Maldives in 2010. Their findings identify “culture, religion, and women’s role in the family, the role of the family, safety, geographical spread, transportation, education and awareness” as obstacles to female employment in resorts.

Parents play a significant role in a woman’s professional future. “In the Maldives, in our religion, we are not allowed to drink or be with just any guys and things like that. So our parents are scared about that,” said one young woman quoted in the thesis.

According to the thesis, resorts are widely believed to be threatening to traditional Muslim values. At the same time, growing religious fundamentalism is projected to prevent women from participating in the local economy.

Dhivehi Rayyithunge Party (DRP) MP Rozaina Adam said a rise in fundamentalism would be an economic setback: “Instead of working, women will be lying around. That is not constructive for a growing economy and country.”

Tourism directly accounts for 30 percent of the Maldives’ GDP, and for 70 percent indirectly. Maldivian women account for a mere three percent of resort employees.

Ima said most community anxiety is due to a lack of information.

“When I go home and tell people that I work at a resort, their first perception is that I must be a good cook. But you know, they also don’t have a good idea of what my job title means. And I think that that’s a big reason behind the misperceptions in many Maldivian island communities. Many people have never been to a resort, if there was more interaction then they would understand what the resort lifestyle is. As it is, most just can’t relate to the kind of work we do here.”

One resort manager quoted in the thesis said awareness is a major challenge to promoting female employment. “Convincing the parents is difficult. They are very possessive of the girls. The parent’s perception is that they will mix with the European culture and do bad things such as drinking alcohol.”

The Maldives has one of the world’s highest divorce rates, and girls often drop out of school and get married in their late teens. Aspiration rates among youth ages 17 to 25 were recently calculated at six percent.

These statistics do not refer to the resort community.

Ima says resort life has significant benefits. “For local islanders, it can be an easy transition to resort life. Many people leave home to live or work in Male’. I think that that’s much more dangerous than working at a resort. At a resort, the lifestyle is much healthier, safer, and there is more opportunity to save.”

A source familiar with the issue told Minivan News that saving is not common for Maldivian women. She gave the example of a cleaning lady who was proud that her daughter gave her entire salary as a family contribution. “I know you want to respect your family, but how can a woman save up for herself? What option does she have for herself?” she said.

The Maldives was recently criticised for lagging behind other countries in gender equality, as defined by the Millennium Development Goals (MDGs). At the UNDP’s Democracy Day ceremony earlier this month, advisor Ferdinand von Habsburg-Lothringen warned that with only half of the Maldives’ work force engaged in the economy, “growth would not flourish.”

Several resorts have tried to accommodate social preferences by outsourcing tasks to local islands and providing daily transportation so Maldivian women do not have to live away from home.

Ima said that at the end of the day, success depends on the individual’s self confidence.

“The way you perceive colleagues and portray yourself matters for anybody, male or female. It’s about how you value yourself and the beliefs you hold. If you can stick to that, and show people who you are and how to respect you, then you can succeed,” she said.

*Name changed on request

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ICC membership expected to reform Maldivian judicial system

The Maldives has become the 118th country to adopt the Rome Statute of the International Criminal Court (ICC), the world’s first and only permanent international court with jurisdiction over crimes against humanity, crimes of aggression, genocide and war crimes.

The Maldives is the third state in South Asia to become an ICC member, following Bangladesh and Afghanistan. It is the ninth in the south asian region alongside Cambodia, Japan, Republic of Korea, Mongolia, the Philippines and Timor-Leste; plans to ratify the statute are advancing in Malaysia and Nepal.

Asia has been slower than other regions in adopting the ICC regulations, allegedly because they maintain the death penalty which is prohibited by the ICC. William R. Pace, Convenor of the Coalition for the International Criminal Court, said the Maldives’ decision to accede to the Rome Statue was a significant step for the region.

“It is vital that the momentum towards increasing respect for the rule of law and accountability for those responsible for the most serious crimes is seized by other states in the Asia-Pacific region, many of whom are close to joining the ICC,” Pace said in a press release. “Joining the Court represents a strong deterrent effect that will contribute toward the prevention of gross human rights violations in the Asia-Pacific region and to the global fight against impunity.”

Acceding to ICC regulations as defined by the Rome Statute has been a long process for the Maldivian government. In 2003, the Maldives took steps to reject its judicial authority.

Wikileaks cables published on 1 September 2011 cite the Maldivian government’s intent to “never turn over a US national to the International Criminal Court (ICC). The Maldivian government would not sign the ICC treaty and would not respect its claim to universal jurisdiction.” Other cables indicate that then president Maumoon Abdul Gayoom was seeking approval for a visit with then US President George W. Bush, allegedly to improve his chances of re-election.

Speaking to Minivan News today, the President’s Press Secretary Mohamed Zuhair said ratification of the ICC statute highlighted the different values of the current administration.

“For us, it’s transparency that is at the top of our priorities. So right now, our highest priority is to improve the judicial system of this country.”

The ICC covers major crimes which are widespread, systemic and of concern to the international community. The ICC does not deal with small cases, even if the victims may be in the hundreds.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Zuhair said it was important for Maldivians to have access to an international judicial system. “Individuals who feel they have a complaint, even against a leader, could refer the complaint to the Maldivian judicial system or to the ICC. This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said.

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC) told Minivan News that ratification would support domestic legal reform, and that heads of state would face new levels of accountability.

“The ICC only deals with the big fish. In the past only the small fish may have been sacrificed to show a semblance of justice – but the ICC targets the highest level of responsibility: the head of state, generals, kings,” she said previously.

The Debate

In October 2010, the debate to join the ICC created sparks in Parliament.

MDP MPs condemned the “unlawful and authoritarian” practices of the previous government. Group Leader “Reeko” Moosa Manik referred to 2009 legislation protecting former presidents who he considered “the worst torturers in the country’s history,” and said the purpose of the international criminal court was to “arrest torturers like Maumoon [Abdul Gayoom], people like Ilyas Ibrahim [brother-in-law of the former president] who stole state property and funds, and Attorney Generals like Hassan Saeed who tried to hide it.”

MPs from opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) said MDP MPs were overlooking the fact that Gayoom had never been reprimanded in a court of law, and accused the current administration of disregarding rules of law. MP Dr Abdulla Mausoom accused the MDP government of formulating policies only to “benefit certain people”, which he argued could be “considered a crime in international courts.”

The question of religion was also inflammatory. DRP MP Dr Afrashim Ali said convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom.” Other MPs pointed out that several Muslim countries had not joined the ICC, and the MPs were concerned that ratification would “shatter Islamic principles” and encourage gay rights.

Shari’a experts in ICC signatories and Muslim countries Afghanistan, Jordan and Malaysia have not found conflict between the Rome Statute and Sharia.

On 14 June this year, Parliament voted almost unanimously to sign the Rome Statute of the ICC.

The Effects

Speaking to Minivan News today, Balais-Serrano pointed out that ratification of the Rome Statute was well-timed.

“As a chair of the SAARC summit, Maldives will have quite an influence on south asian countries attending this year’s event,” she said. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

The South Asian Association for Regional Cooperation (SAARC) summit is scheduled for Addu City in mid-November this year.

Balais-Serrano also pointed out that by ratifying the Rome Statute, governments are committing to adapt current domestic legislation to meet international standards. She said ICC members could receive “training of local judges and prosecutors and other officials responsible for lawmaking and implementation”, and hoped the Maldives would forward with judicial reform.

“The judicial system in Maldives can benefit from the rules and procedures by which the ICC operates, for example, in the nomination and election of judges, in the protection of witnesses and victims and in ensuring due process,” said Balais-Serrano.

She said that ICC membership would expand Maldivian court procedures. “One of the motivations of joining the ICC is to let go of a commitment to include the domestic judicial system alone. Now, Maldivians can also refer to the ICC provisions and regulations. This is a timely event for the Maldives to review domestic law while making the ICC a reference point.”

As an ICC member, the Maldives will be able to send judges and lawyers abroad for internships and exchange programs in member countries. Balais-Serrano said that all member countries are obliged to send employees to the ICC to learn and assist with proceedings.

International liability

ICC membership could affect international relations. The Maldives recently made news headlines by supporting the Sri Lankan government, which is facing war crimes allegations by international human rights groups. A report from UN Secretary General Ban Ki-Moon has raised the likelihood of an investigation by the Human Rights Commission.

A Relationship Agreement between the ICC and the United Nations calls the UN “potentially the most important partner of the ICC on various levels,” and suggests that investigations by the UN are based on the same human rights standards put forth by the ICC.

“The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate to the Court by arresting  the criminals.”

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Faculty of Sharia Law to expel student wearing face veil

The only student wearing the face veil studying at the Faculty of Sharia Law will be asked to remove it during class or face being expelled if she refuses to do so, Dean of the Faculty of Sharia Law Dr Ibrahim Zakariyya Moosa has reportedly stated.

An online religious news website in the Maldives, ‘Islaameenoor’, reported the girl as saying that she was called to go to the office after class, whereupon Dr Zakariyya told her that it was not compulsory for Muslim women to wear the face veil.

Dr Zakariyya reportedly told the girl that studying was compulsory under Islam, and that if wearing the face veil obstructed her from studying, she should not wear it even if it was a Sunnah.

According to Islaameenoor, the girl responded that she did not wear the veil to create confusion about the religion, but to uphold the religion as much as she could, the paper reported.

Dr Zakariyya allegedly told her that he had no choice to allow something disallowed, and that she should not come to study wearing the face veil although she was able to come wearing a loose black hijab.

According to the paper, Dr Zakariyya told her that in different parts of the country terrorists had used the hijab to hide weapons, and that there was “no way to identify the sex of a person wearing the full hijab”.

Dr Zakariyya explained to her that there was no way the faculty could confirm that it was really her attending the exam if she wore the face veil, to which the girl replied that if the faculty was suspicious, female staff working in the faculty could remove her face veil and check.

Dr Zakariyya then told the student that there was an opportunity to secretly have headphones in her ear while doing the exams, which she said was possible even wearing the normal veil without covering the face.

When Minivan News attempted to contact Dr Zakariyya, the front desk at the faculty referred Minivan News to the Maldives National University. The Maldives National University referred Minivan News back to the faculty of Islamic Studies, which said it did not have the authority to comment.

Maldives National University Chancellor, also the former Education Minister Dr Musthafa Luthfy, also said he did not wish to comment on the matter.

Former State Islamic Minister Sheikh Mohamed Shaheem Ali Saeed, currently Dean of Islamic Studies at Villa College, said he had not heard of the matter and would not comment on it unless the reports had been officially confirmed.

Online newspaper ‘Sun’ meanwhile today reported Dr Zakariyya as confirming that the reports were correct, and he had advised a student wearing the face veil to remove it while coming to study.

He reportedly told the paper that the Faculty of Sharia Law would “take strict measures” next year in such cases.

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New religious unity regulations crack down on extremist preaching in Maldives

New religious unity regulations have been published in the government’s gazette cracking down on extremist and unlicensed preaching of Islam in the Maldives.

The regulations reflect the enforcement of the Religious Unity Act and were originally put forward by the Islamic Ministry, but have undergone numerous drafts and revisions over the past year. The penalty for violating the regulations under the Act is 2-5 years imprisonment, banishment or house arrest.

Under the regulations – the government’s interpretation of the Act – scholars foreign or local must be licensed to preach in the Maldives by the Islamic Ministry, and have received at least a first degree at one of 36 listed universities.

None of these are Maldivian institutions, although the regulations stipulate that new institutions would be evaluated on a case by case basis, and the list reviewed every three months.

The regulations contain general principles for the delivery of religious sermons. These include an emphasis on specifically referencing the Quran when statements are made, and clarifying the authenticity of Hadith.

Preachers are instructed not to express anything “against general agreement” reached among Islamic scholars, or provide any information “ about issues disputed among Islamic scholars that serves to create disunity among the people and result in internal conflicts.”

The regulations also require preachers to refrain “from passing off as Islam one’s personal stand – that may result in obstruction of human progress and development and hinder modern findings and intellectual advancements.”

Controversially, preachers are also asked not to preach in a manner that flaunts human dignity, that may be interpreted as racial and gender discrimination, prevent people from education or health services in the name of Islam, or demeans the character or creates hatred towards people of any other religion.

Foreign scholars preaching in the Maldives “should not talk against Maldives’ social norms, nor should they criticise Maldives’ domestic policies and laws,” the regulations state.

It remains illegal to propagate any other religion other than Islam, and to carry or display in public books on religions other than Islam, “and the translation into Dhivehi language such books and writings on other religions.” Proselytising by foreigners remains punishable by deportation.

Articles involving comparisons between Islam and other religions, “and description of sayings and expressions about Islam by people of other religions, and dissemination of Muslim expressions on other religions”, are exempt, according to the regulations.

Media is banned from producing or publicising programs, talking about or disseminating audio “that humiliates Allah or his prophets or the holy Quran or the Sunnah of the Prophet (Mohamed) or the Islamic faith.”

“This also includes the broadcasting of material (on other religions) produced by others and recording of such programs by the local broadcaster, and broadcasting such material by the unilateral decision of the local broadcaster,” the regulations stipulate.

Reaction

At a press conference today, the Islamic Foundation of Maldives (IFM) contended that the regulations conflicted with both the Maldivian constitution and the Quran.

In February this year, the IFM filed a case at the High Court requesting that outdated provisions in the Protection of Religious Unity Act of 1994 be abolished.

Article 2(b) of the Act states that permission to preach or offer instruction in religious matters must be sought in writing with the President.

Islamic Foundation Lawyer Shaheem Ahmed argued today that the Act conflicted with article 27 of the constitution, which states that, “Everyone has the right to freedom of thought and the freedom to communicate opinions and expressions in a manner that is not contrary to any tenet of Islam.”

“Sadly however no hearings have been conducted in this case so far. We don’t know why this is so,” he said.

In addition, Shaheem argued, the Ministry of Islamic Affairs did not have the legal authority to enact regulations that restricts or limits fundamental rights and freedoms enumerated in chapter two of the constitution.

Article 16 states that the rights and freedoms contained in the chapter could be restricted “only to such reasonable limits prescribed by a law enacted by the People’s Majlis”.

“After this regulation was approved, from this day onward no one without a degree could teach Islam in any school in the country,” he said, adding that imparting knowledge of Islam by a person without a degree would also be illegal.

As provision 5(l) of the regulations prohibits speech that could “incite hatred among the public, demean or undermine the human dignity of followers of another religion,” Shaheem noted that the Quran described Jews as “evil people and liars” and cautioned against “taking Jews as your friends.”

“Would expressing something like this from the Quran incite hatred or love towards us from Jews?” he asked. “The people who formulated this regulation should consider that the basis of Islam is the Quran.”

Quran 2:120 states that, “Never will the Jews or Christians be pleased with you till you follow their religion” while 5:51 reads, “Take not the Jews and the Christians as Auliya’ (friends, protectors, helpers, etc.), they are but Auliya’ to one another. And if any amongst you takes them as Auliya’, then surely he is one of them. Verily, Allah guides not those people who are the Zalimun (polytheists and wrong-doers and unjust).”

Sheikh Ibrahim Fareed Ahmed meanwhile called on Islamic Minister Dr Abdul Majeed Bari to “repent” for approving a regulation that conflicted with the Quran.

“[The regulations] obstruct the freedom granted by Almighty God to spread Islam. It is therefore completely void,” he claimed.

Fareed called on the government to review the regulations and reconsider enforcing the new rules, urging Islamic Minister Bari to consult religious scholars who were not Adhaalath party members and “not make such decisions on your own.”

“We urge very respectfully and with affection, to reconsider this and change [the regulations] so that it does not conflict with the Quran,” he said. “And don’t try to narrow Islamic matters in the country.”

IFM President Ibrahim Fauzee meanwhile revealed that the foundation was preparing to mount a legal challenge to the regulations at the Supreme Court.

Adhaalath Party condemns regulations

The Adhaalath Party, which controls the Islamic Ministry, issued a press statement today criticising the removal of “very important principles” from the original draft, and distanced the party’s religious scholars from the regulations.

The statement notes that the regulations were drafted by a legal team from police and 11 prominent religious scholars and approved by three Attorney Generals.

“We would like to inform the beloved Maldivian people that the party condemns [the changes] in the harshest terms and the party’s religious scholars and members renounces the gazetted regulations,” it reads.

“We note that provisions from English law have been added that were not in the regulations before and are not suited to a 100 percent Islamic community. We also note that other dangerous changes have been made to the regulations,” reads the statement signed by Sheikh Ilyas Hussein, vice-president of Adhaalath party’s council of religious scholars.

“While the Minister of Islamic Affairs [Dr Bari, president of the religious scholars council] was requested to not agree to publishing the regulations in the gazette without consultation with the party’s
scholars, we want to reveal that the regulations were brought out in the form it is in the gazette without any discussion at all with Adhaalath party’s council of religious scholars.”

Among the clauses that were removed were provisions outlining criteria for issuing preaching licenses, and prohibitions on broadcasting “un-Islamic” material.

These included provisions that preachers must be Sunni, and according to the Adhaalath Party, a provision requiring that religious fatwas (edicts or rulings) must be issued in accordance with the Sunni sect
was also removed, and so-called ‘blasphemy’ laws appeared to be toned down.

Laws forbidding independent prayer congregations were also scrapped.

The amendment regulations published in the government gazette yesterday was made up of 12 provisions, whereas previous drafts contained 40 provisions and a number of sub-clauses.

A more ‘academic’ approach

Former member of the Special Majlis and the new Constitution’s drafting committee, Ibrahim ‘Ibra’ Ismail, who was involved in redrafting the regulations, told Minivan News that they set out a more “academic” approach to preaching Islam in the Maldives, and were targeted at curbing the spread of extremism.

“[The regulations] do not impinge on freedom of expression, compared to the first draft, and I believe we have taken out those elements,” Ibra said.

“We have observed in this country and elsewhere that there are people who misquote the Quran and twist it around to propagate their agenda. These provisions curb that,” he explained.

“What in effect we are ensuring is that preachers should not say whatever comes to their mind. We say that if those preaching religion must refer to sources – the Quran and the Prophet’s sayings – so someone can independently verify if they wish.

“Where scholars deliver sources on areas and issues that are in dispute, these regulations require that they should state that,” he said.

“We put in a provision that prohibits hate speech, such as no one should propagate xenophobia or negative sentiments towards other religious.”

The criminalisation of those who violated the Act was not stipulated by the regulations, but in law, he explained.

“Currently the parliament is reviewing the relevant legislation (the Religous Unity Act), what we are doing is simply setting out how this can be enforced,” Ibra said, confirming that 2-5 years sentences was “more or less” what was in the Act.

Enforcement would ultimately be a court decision, he explained, with the Islamic Ministry only having the right to temporarily suspend preaching license pending the outcome of the court decision.

Ibra suggested that religious groups active in the Maldives – such as the Islamic Foundation of the Maldives and Jamiyyath-al-Salaf – should welcome the regulations, “as until now there has been a move by some people to silence them. These regulations do not silence them, but ask them to engage and follow procedures in their work. There are no ramifications for any particular group – again this different to what was originally proposed.”

He disputed that outlawing extremist preaching would drive the practice underground, and lead to a repeat of the 2007 Himandhoo incident, in which islanders donned red motorcycle helmets and armed themselves with batons and knives to defend the Dhar al Khuir mosque from a police crackdown.

In the ensuing skirmish, a policeman was taken captive and another’s hand was severed. Shortly afterwards a video discovered on an Al Qaeda forum was found to contain footage taken inside the Dhar-al-khuir mosque moments before it was raided by police.

“Himandhoo  was not based on religion – those where highly politicised times,” Ibra said. “What I believe is that this will allow liberal-minded thinkers to convince people of the middle ground. Initially there may be some reactions, but I’m optimistic.”

Download an unofficial translation of the new regulations (English)

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Comment: The right to remain silent

When a non-Muslim man publicly declared his disbelief in religion at a well-attended public lecture by Dr Zakir Naik in May 2010, the preacher on stage reacted with wide-eyed surprise and told his audience he was told the Maldives was a ‘100% Muslim’ society.

Now that he knew better, he corrected the statistic to “100% minus 1”.

The new statistic did not sit well with certain local Islamist NGOs and by day break there was already a press release demanding the man’s death, failing immediate repentance.

After a couple of days of national pandemonium, with multiple online groups demanding the apostate’s murder, order was finally restored when the man publicly declared his faith in Islam and apologised for the “agony” he had caused.

However, this delicate balance would be upset again less than two months later when another non-Muslim Maldivian, 25 year old Ismail Mohamed Didi, was discovered hanging from the ATC tower of Male’ International airport.

There was a swell of outrage – not because a young man was driven to suicide – but because news websites had published emails he’d sent to aid agencies shortly before his death.

Other reactions were even more confounding, with some even suggesting that the whole thing was a devious plot by “enemies of Islam” to undermine National Security – what other motive could possibly have led him to choose to so publicly hang himself from an airport tower?

Maybe it was because he had worked there for seven years? Maybe he was unable to handle the combined stigma of an internal workplace investigation, and ostracism by friends and family after he – in his own words – ‘foolishly admitted’ his non-religious views to his friends? Perhaps he thought his life in the Maldives was worthless and devoid of any value if he did not keep paying lip service to a belief he did not feel?

Perhaps he should have just exercised his right to remain silent. But he didn’t, and the sacred statistic tragically changed to ‘100% Muslim minus one dead man’.

Then in August 2011, reports emerged of a Maldivian girl in a southern atoll who professed to be non-Muslim, once again changing the statistic to ‘100% Muslim minus one dead man, and one deviant girl’.

“Unique country” – “Special case”

Research conducted by the Pew Forum on Religion and Public Life estimates the number of Maldivian Muslims at 98.4% of the population.

The report was met with derision by then State Minister of Islamic Affairs, Adhalaath party leader Mohamed Shaheem Ali Saeed, who claimed the researchers did not have ‘appropriate information’ and reiterated the familiar assertion that the Maldives continued to be 100% Muslim.

The Maldives holds an unenviable 6th position on a global index of severe government restrictions on religious beliefs. In comparison, the State of Israel – often accused of by many Maldivians of curbing minority rights – comes in at the 41st position.

Even in the aftermath of the democracy movement, the Maldives has continued to lodge a reservation on Article 18 of the UDHR and ICCPR, which proclaims the right to freedom of thought, conscience and religion as an inherent right of all humans.

The Maldives, which sits on the UN Human Rights Council, pleads that we should be treated as a ‘special case’ – a unique country where an entire population, barring one dead man and one aberrant girl, has always held exactly the same beliefs for centuries.

A US State Department report made public last week observed that religious freedom continued to be ‘severely restricted’ in the Maldives. The report added that there were “limited reports of societal abuses or discrimination based on religious affiliation, belief, or practice.”

While there has been no papal style inquisition to systematically weed out minorities, this hasn’t been for the lack of trying. In November 2009, MP Muttalib proposed that non-Muslim foreigners should be barred from practicing their religion even in the privacy of their own bedrooms.

The first draft of the Religious Unity Regulations produced by the Ministry of Islamic Affairs criminalised the act of depicting or describing any other religion in a positive manner, while also arming itself with the power to deport foreigners at will.

A brotherhood of intolerance

The comments in the media following news reports about the US State Department’s observations were marked with familiar hostility – with many responders questioning the United States’ right to even comment on Maldivian law.

In heaping scorn on the audacity of America to comment on our constitution, however, the commentators seek to avoid facing the hard question – does the repeated assertion that the Maldives is ‘unique’ and ‘special’ also allow it to claim exemption from explicit declarations of the Qur’an as well?

Decades of carefully exercised political control over religious narrative in the Maldives has left in its wake a culture of intolerance among the general public that is not only unsympathetic to wider views on non-Islamic religions, but is also hostile to Islamic academics and Muslim religious scholars who espouse a more humane form of Islam.

In other words, our society is not only hostile to other religions, but also to the myriad other available interpretations of Islam as well.

When Dr Abdulla Saeed of Melbourne University and his brother, former Attorney General Dr Hassan Saeed, published a book titled ‘Freedom of Religion and Apostasy in Islam’ arguing that the law of apostasy and capital punishment was out of sync with modern times, there was a massive uproar leading ultimately to a ban on the book.

In early 2008, Dr Afrasheem Ali, generally regarded as a “liberal” religious scholar, came under fire after he argued that singing was not un-Islamic – thus contradicting the position of the Supreme Council of Islamic Affairs. The man reportedly had stones thrown at him outside a mosque.

Secular Muslim Maldivians as well as anonymous, non-Muslim Dhivehi bloggers who dare to demand a more pluralistic society often find themselves facing undisguised contempt, harassment and violent threats.

Islam says what?

Muslims scholars around the world repeatedly affirm that Islam does not permit compulsion in religion.

Ali Gomaa, the Grand Mufti of Egypt, uses explicit Qur’anic verses such as “To you is your religion and to me is mine” to arrive at the ruling that “the Qur’an permits freedom of belief for all of mankind.”

Quoting further from the Qur’an, he says “God does not prevent you from being kind to those who have not fought you on account of your religion or expelled you from your homes, nor from dealing justly with them, indeed God loves the just.”

And yet, self appointed guardians of Islam in the audience rushed to physically attack Mohamed Nazim immediately after he proclaimed his disbelief, and one also remembers the swift press release demanding his murder the next morning.

Regarding such intolerance, the Grand Mufti Ali asserted in an article that “none of these extremists have been educated in genuine centres of Islamic learning. They are, rather, products of troubled environments and their aim is purely political and has no religious foundation.”

Syrian Imam Mohamed Bashar Arafat, who recently visited the Maldives, said in an interview to Minivan News that “We cannot deny the basic human right to life in the name of culture.”

The Imam also said “The Quran… gives people the freedom to worship, the freedom to choose their own religion, right or wrong”.

Political suicide

Many Maldivian MPs and senior government officials privately admit their hands are tied when it comes to the issue of freedom of religion. Simply put, to advocate universal human rights is the easiest way of committing political suicide in the Maldives.

The problem of religious discrimination had already been identified by the visiting UN Special Rapporteur on freedom of religion or belief, Asma Jahangir, in a 2006 report that expressed concerns about lack of religious freedom in the Maldives. It noted that while the old constitution did not technically demand all citizens to be Muslim, it presumed this was the case.

While any thoughtful person would readily see the absurdity of a state unilaterally declaring a citizen’s beliefs, the average Maldivian voter continues to justify this position by clinging to the “we’re special” argument.

The new Maldivian constitution, drawn up during the highly polarised and unstable political climate of the Maldivian democracy movement, where everyone and their grandma was being accused of attempting to import “other religions” to the Maldives, went one step further and made it explicitly unlawful for a Maldivian to profess any faith other than Islam.

Many interpret this to mean that a Maldivian Muslim who chooses to abandon the faith would automatically be stripped of citizenship and become a stateless refugee (In direct contravention of Article 15 of the UDHR, which states that no citizen can be arbitrarily deprived of nationhood but – why not? – the Maldives could presumably plead a “special” exemption in this case too).

However, a Maldivian government delegation, answering questions from the UN Committee on the Elimination of Racial Discrimination, denied this saying the constitution was clear that no citizen could be deprived of citizenship under any circumstance, and that the Muslim-only clause applied only to foreigners seeking Maldivian citizenship.

In the absence of a legal precedent or court ruling, the provision remains ambiguous.

Yet, the refusal of mainstream media and politicians to touch this human interest issue and a severely outrage-prone public sentiment has made one thing astoundingly clear: non-Muslims in the Maldives may exist as physical flesh-and-bones entities, but if they value their lives, liberty and security, then they must adhere to the strict code of conformity and total silence.

Surely, then, the statistic must in this case be updated to read ‘100% Muslim minus one dead man, one impious girl, and thousands forever condemned to silence.’

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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World should rejoice that governments have forever lost the ability to control information, Nasheed tells UN

The chain of protests that rocked the Arab world this year have shown that governments have forever lost the ability to control information, President Mohamed Nasheed has said in a keynote address to the United Nations, including the 47 members of the UN Human Rights Council.

“Those of us who believe in individual liberties should rejoice at this fact because, quite simply, it changes the rules of the game,” he said.

Describing himself as a protester, “as someone who has spent much of his adult life speaking out against leaders who place their own interests over those of their people, leaders who seek power for power’s sake,” Nasheed observed that globalisation and the democratisation of information now meant that “governments simply have no option” but to listen to the demands of pro-democracy protesters.

“In a time of awakening, Muslims across the world are standing up, governments must see peaceful protests not as a threat but as an opportunity,” Nasheed said.

“It is a a moment when Muslims across the world are standing up as one to demand equality, human rights, democracy and the rule of law. These developments provide a fitting rebuttal to those, inside and outside of Islam, who claim that our religion is not compatible with democracy.”

Nasheed predicted that 2011 would come to be seen “as a tipping point for peaceful protests, as the moment when the balance of power swung, irreversibly, from the state to the streets.”

“In the past, when news and information were more malleable, governments had the option of suppressing protests in the hope of breaking them before news spread. Swift, decisive and often violent action at the outset could, in this sense, nip the problem in the bud. Life, especially for those in positions of power, could go on as normal,” he observed.

“In the past, facts and truths could be constructed and controlled by a few. Today they can be discovered and learned by everyone. The use of modern communication technology has allowed those with grievances to mobilise and spread their message. And, crucially, modern media also provides a lens through which the outside world can witness events unfold and learn the truth.”

As a result of globalisation and the communication revolution, “the more a government tries to control, the less control it actually has. The more those in power try to tighten their grip, the more power slips through their fingers,” Nasheed said.

“Today, the only way to rule sustainably is to rule with the trust and consent of the governed.”

Protests in the Maldives began eight years ago, changing the course of the country’s history, Nasheed explained.

“At one level we were protesting against something – against an autocratic system of government which had monopolised power for thirty years. But we were also protesting for something – for a better, fairer system of government, for equality and for justice.

“Today, we have succeeded in sweeping away the old. In 2008 the previous government was peacefully removed from power in free and fair elections under a new Constitution.”

Nasheed emphasised that the country’s first democratic multi-party elections were just the beginning of true democratic reform. The present challenges faced by the Maldives – not just the strengthening of independent institutions but also confronting the past – would be mirrored in Tunisia and Egypt, he predicted.

“One challenge is to establish and strengthen independent institutions, to ensure that democracy and human rights are guaranteed regardless of who is in power. A second challenge relates to transitional justice and reconciliation – how to deal with the past without endangering the future,” he explained.

“There can be no doubt that serious human rights violations were committed in the Maldives and that the victims of those violations deserve justice. But we must draw a clear line between reconciliation and revenge. To move forward, the search for truth and justice must be placed within an overall framework of national reconciliation – we must look forward, not back.

“A third challenge is to rebuild the economic fabric of the country. People cannot properly enjoy democratic freedoms if their basic needs are left unfulfilled. Without socio-economic development, political transitions quickly unravel.

“These challenges are relevant not only for the Maldives. They are also relevant for other countries that have dismantled autocratic regimes.”

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Maldives to sign UNESCO convention to protect country’s intangible heritage

The Maldives will participate in the Convention for the Safeguarding of the Intangible Cultural Heritage, a UNESCO programme established in 2008. It is already a participant in the World Heritage Convention and the Cultural Diversity Convention.

The proposal to join the convention was made by the Ministry of Tourism, Arts and Culture, and was approved at yesterday’s Cabinet meeting.

“We have had no effort to safeguard either tangible or intangible cultural heritage in the Maldives,” said Minister of State for Tourism, Arts and Culture Ahmed Naseer. “It is very easy to see things like poetry, music, language, and dance disappear if they are not practiced. We need to have a law enacted to outline these practices.”

A draft of the new legislation is before Parliament, and Naseer hopes it will be passed before the end of the year.

UNESCO defines ‘intangible cultural heritage’ as “practices, representations, expressions, knowledge, skills – as well as the instruments, objects, artefacts and cultural spaces associated therewith – that communities, groups and, in some cases, individuals recognize as part of their cultural heritage.” The convention states that cultural elements must be protected by local and international communities.

Some aspects of intangible cultural heritage in the Maldives have been overshadowed by religious scholars, “or individuals who claim to be religious scholars,” said Naseer. “For example, some performing arts, especially on local islands, have come to a stop because of religion. It’s a problem of interpretation,” he said.

Naseer noted that the Maldives seeks to gain expertise and guidance from UNESCO, but that “the aspect of money is not the priority.” He said training Maldivians in cultural preservation was one priority.

Deputy Minister for Tourism, Arts and Culture, Mamduh Waheed, said protecting cultural heritage would improve tourism in the Maldives. “We have a market for the natural aspect of the Maldives, and now we will be able to add cultural attractions and destinations. I think it will draw tourists interested in cultural conservation,” said Waheed.

Waheed noted that this is the third UNESCO cultural convention that the Maldives has been involved in.

Other non-government organizations (NGOs) have shown interest in the convention, claimed Naseer. International NGOs are expected to be involved in the research and design process. The involvement of local NGOs is less clear.

“Local NGOs have been coming into the forefront lately, but not many NGOs cover this material,” said Naseer. “I feel there’s a huge gap when it comes to safeguarding heritage in the NGO sector. It will take some time.”

Over 130 countries are signed participants in the convention. The convention’s stated purposes are to safeguard the intangible cultural heritage; to ensure respect for the intangible cultural heritage of the communities, groups and individuals concerned; to raise awareness at the local, national and international levels of importance of the intangible cultural heritage, and of ensuring mutual appreciation thereof; and to provide for international cooperation and assistance.

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