Tag: legal reform

Justice “still out of reach” for Maldivian women, girls: Avaaz.org

Social activism website Avaaz has said it remained concerned at the “appalling state” of women’s rights in the Maldives, despite welcoming a decision by the High Court this week to overturn a controversial flogging sentence handed to a 15 year-old girl charged with ‘fornication’.

Avaaz, which earlier this year launched an online petition signed by over two million people calling for the minor’s sentence to be quashed, has expressed continued concern that justice remains “out of reach” for Maldivian women.

The flogging sentence – handed to the minor by the Juvenile Court in February after she had been charged with ‘fornication’ – was overturned by the High Court on Wednesday (August 21) after the girl was found to have previously denied confessing to having had consensual sex with an unknown partner.

Sources from Feydhoo, in Shaviyani Atoll, where the girl is from, previously told Minivan News that islanders had raised concerns regarding the suspected abuse of the minor as far back as 2009.

Local people were said to have suspected that the girl had been the victim of sexual abuse, not just by her stepfather – who has subsequently been charged with several sex offences – but also by a number of other unidentified men from the island.

The High Court concluded that the minor, found to be suffering from post-traumatic stress disorder, was also unable to correctly define pre-marital sex according to the law.

“The High Court’s ruling is a step forward, but the Gender Ministry should now ensure that the girl receives a proper education, is not sent back to the custody of relatives who failed to protect her, and ensure that she doesn’t end up ghettoised because of stigma,” stated Avaaz.

“Glimmer of hope”

After visiting the country earlier this year to lobby the Maldives government to overturn the minor’s case, Avaaz said it continued to advocate for systemic legal reforms to overcome “serious hurdles women and girls face in trying to get justice for gender-based crimes”.

“Today people in the Maldives and across the globe celebrate that this young girl is free and won’t be flogged,” said Avaaz Campaign Director Jeremy Waiser. “It is a glimmer of hope which must not be an isolated case – now it’s time to listen to the majority of Maldivians and kick start major reforms to protect women and girls and put an end to flogging for consensual sex outside of marriage, once and for all.”

Avaaz pointed to the recently published results of a survey conducted on its behalf by Asia Research Partners that concluded that nearly two-thirds of Maldives nationals surveyed would support a moratorium on flogging.

According to Avaaz, the first survey of its kind to be conducted in the Maldives found an “overwhelming” 92 percent of those surveyed believe that laws and systems to protect women from sexual assault should be reformed.

With the upcoming presidential election scheduled for September 7, Waiser argued that ensuring rights for both women and girls should be treated as an issue of huge importance by all candidates standing next month.

“The ruling and the recent opinion survey should serve as a wake-up call to all candidates and parties that they cannot afford to neglect one half of the Maldivian population – women and girls want to live without fear of persecution and with dignity,” he said.

“The vindictiveness with which the Prosecutor General’s office pursued the case against this Maldivian child highlights the dangers that women and children face in the Maldives,” the statement concluded.

“Politicised” issue

Some government figures have been critical of international campaigns targeting the reputation of the country’s lucrative tourism industry in order to push for legal reforms.

Discussing the campaign by Avaaz in the Maldives, Attorney General (AG) Azima Shukhoor criticised unnamed groups for  having “politicised” the issue, arguing such campaigns they had complicated the work of Maldivian authorities.

In March this year, former Deputy Tourism Minister Mohamed Maleeh Jamal directly questioned the motives behind the Avaaz campaign calling them “dubious”, despite accepting a need for “capacity building” in parliament and other institutions.

“People should not be doing anything to damage the [tourism] industry. In Switzerland, you would not see a campaign designed to damage Swiss chocolate. Likewise you would not see a German campaign to damage their automobile industry,” he said.

However, organisations like the Human Rights Commission of Maldives (HRCM) have this week stressed the need for strengthening measures to protect victims of sexual abuse to prevent other similar cases from occurring.

Meanwhile, Amnesty International – which has previously warned that the 15 year-old’s case was the “tip of the iceberg” in terms of the country’s treatment of victims of sexual offences – has released a statement this week calling for a moratorium on flogging.

“Annulling this sentence was of course the right thing to do. We are relieved that the girl will be spared this inhumane ‘punishment’ based on an outrageous conviction,” said Amnesty’s Deputy Asia-Pacific Director Polly Truscott.

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Pro-Sharia march held in Male’

Men and women of various ages marched through the streets of Male’ yesterday (April 19), calling for Islamic Sharia to be fully implemented in the Maldives.

Yesterday’s march, which organisers claimed had no political backing, was said to have been led by a group of young people calling for Sharia to be fully implemented to protect the Maldives from “calamities” that it is presently facing, according to local media.

However, one local religious NGO has argued that Maldivian society was not presently ready to undergo such radical reforms to the nation’s legal system, arguing that any changes would need to be made gradually over a long period of time.

Commencing yesterday at 4:30pm by the social centre in the capital, the pro-Sharia march concluded just before 6:00pm at the artificial beach area.

A small number of demonstrators were in attendance, reported the Sun Online news website. Organisers have pledged that further pro-Sharia marches were anticipated in future.

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed and State Islamic Minister Mohamed Didi were not responding to calls at the time of press.

“Long process”

Co-founder of the Islamic Foundation of Maldives (IFM) Ibrahim Nazim, speaking in a personal capacity, told Minivan News that he believed demonstrators may have been affiliated with fellow religious NGOs in the country.

Nazim said key figures behind the demonstration would have likely been religious conservatives, who in some cases may have held more “radical” views of Islam.

In addressing the key aims of the march, he added that from a personal perspective, Maldivian society was not presently an environment conducive for Islamic Sharia to be implemented outright.

Nazim argued that implementing Sharia law correctly would be a long process for the country. He took the example of other Islamic nations such as Pakistan that had sought to implement a complete adherence to Sharia law in a short period of time, resulting in power struggles and other political complications as a result.

“This is not something we can just implement overnight, we will require people to change their attitudes before we are ready for such a change,” he suggested. “It will be a long process for the country.”

When contacted about the implementation of Sharia in the Maldives, President’s Office Media Secretary Masood Imad today recommended Minivan News contact the Islamic Ministry over religious issues concerning the state.

“I think it would be best to speak to the Islamic Ministry on this,” Masood said.

Meanwhile, a senior figure serving within the current government of President Dr Mohamed Waheed – speaking on condition of anonymity – argued that any significant changes to the country’s faith would always have to be made gradually and could not be made in a short period of time.

The source argued that the previous government of former President Mohamed Nasheed – which claimed to favour what it called a “more moderate and tolerant” form of Islam – had attempted to bring changes to the country’s perception of faith and religious conservatism in too short a period of time.

While claiming to personally favour a “more tolerant” interpretation of Islam, the source argued that the resulting opposition to the former government’s religious stance had likely led to the controversial transfer of power that saw former President Nasheed resign on February 7, 2012.  His resignation came on the back of a mutiny among sections of the police and military.

Islamic Sharia in the Maldives

Under article 142 of the Maldives’ Constitution, the judiciary is presently required to looked to turn to Islamic Sharia in any matters where the Constitution or the law is silent.

To this end, the country’s courts have in certain cases granted the death sentence to severe crimes such as murder, while also using punishments like flogging in certain sexual offence cases.

However, the acting Head of State under each of the last three governments has commuted death sentences to life sentences in every single case.

The last person to be judicially executed in the Maldives was Hakim Didi, who was executed by firing squad in 1953 after being found guilty of conspiracy to murder using black magic.

Legal Reform

In December 2012, former Attorney General Azima Shukoor drafted a bill outlining how the death sentence should be executed in the Maldives as part of ongoing consultations on enacting such a punishment.

Lethal injection was identified as the state’s preferred method of capital punishment in the bill, while further consultations were being taken on possibly removing the serving Head of State’s right to commute death sentences upheld by the Supreme Court.

Earlier this year, the government of President Dr Mohamed Waheed had pledged to review the possibility of legal reforms to bring an end to the use of punishments like flogging in the country’s justice system.

Addressing the scale of these potential reforms, President’s Office Media Secretary Masood said last month that all authorities involved in the process would have to tread “a very fine line” in order to tackle long standing “traditions” and beliefs in the country.

“Reforms must be undertaken, but this must be done gradually considering we are dealing with a process embedded in society,” he said, discussing the government’s commitments to bring an end to sentences like flogging. “A certain amount of compromise may be needed.”

The wider Maldives legal system has itself been brought under the spotlight after former President Nasheed controversially detained the Criminal Court Chief Judge last year.

Nasheed’s government argued the decision was necessary as the judge in question had become a threat to “national security” after ordering investigations into his own alleged misconduct halted.

Nasheed is presently facing trial in the country over the abduction of the judge.

Following the commencement of the trial, Gabriela Knaul, United Nations Special Rapporteur on the Independence of Judges and Lawyers, earlier this year raised several concerns about the effectiveness of the wider Maldives legal system following a fact-finding mission.

Knaul stated back in February that upon conclusion of her mission meetings, she had found that the concept of independence of the judiciary has been “misconstrued and misinterpreted” by all actors, including the judiciary itself, in the Maldives.

Addendum: This article earlier attributed views of Co-founder of the Islamic Foundation of Maldives (IFM) Ibrahim Nazim to the organisation. He has subsequently clarified that his comments were made in a personal capacity.

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Former attorney general to keep advising government on Nexbis, GMR matters

Former Attorney General (AG) Azima Shukoor will continue to advise the government on two high-profile legal cases she has previously been involved in, despite being transferred to the Gender Ministry earlier this month.

The two cases involve the future of an agreement to implement a border control system supplied by Malaysia-based Nexbis and arbitration hearings resulting from declaring “void” a US$511 million airport concession agreement with India-based GMR void.

Shukoor, who was appointed as Minister of Gender, Family and Human Rights on April 10, said yesterday (April 13) that she intended to continue to serve on a team of lawyers working for the state on the cases involving Nexbis and GMR, local newspaper Haveeru has reported.

President’s Office Media Secretary Masood Imad has previously told Minivan News that the government had decided to transfer Shukoor as part of commitments to help oversee proposed legal reforms that could potentially end the use of flogging as a punishment for sexual offences.

The government has previously criticised the practice, which it alleged serves to punish victims of rape and sexual abuse in some cases.

The state has come under further pressure to review the handling of sexual offence cases from petition site Azaaz.org, which has threatened otherwise to call for a tourism boycott over a flogging sentence handed to a 15 year-old girl for ‘fornication’.

Shukoor has claimed in local media to have personally requested the president appoint her to the Gender Ministry on condition she would continue to work on the cases relating to Nexbis’ agreement and the arbitration hearings with GMR.

GMR arbitration

In November 2012, President Dr Mohamed Waheed’s government declared void a concession agreement signed by the previous government with Indian firm GMR to manage and build a new terminal at Ibrahim Nasir International Airport (INIA).  It then ordered the company to leave the country within seven days.

GMR is seeking US$800 million in compensation for the sudden termination, while the Maldivian government is contending that it owes nothing as the contract was void ab initio – meaning the contract was invalid from the outset.

Nexbis

Nexbis signed a “legally binding” deal in 2010 to provide a customised border control system under a ‘build, operate and transfer’ agreement to Maldivian authorities that still remains in use as of this month.

The deal is presently the subject of legal wrangling over whether the Anti-Corruption Commission (ACC) has the power to demand termination of the contract. Parliament has also voted to cancel the system, but this is subject to a court injunction.

However, the US government late last month signed a Memorandum of Understanding (MOU) to provide a border control system to the Maldives. Representatives for Nexbis at the time said they had not been informed of the MOU signing or what it might mean for the company’s own agreement with the state.

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