‘Namoona Dhoni’ case retracted by Prosecutor General’s Office

A senior official at the Prosecutor General’s (PG) Office has revealed that the 2006 ‘Namoona Dhoni’ case, thought to have been re-opened earlier this month, has now been retracted.

“We decide not to continue with the charges and we have retracted the case,” said the official.

“We only found out the case was still still active when the Criminal Court scheduled the hearing. I  was under the impression that this case had been retracted and discontinued.”

A Criminal Court Media Official was quoted in local media as stating that it had received the charges from the PG’s Office at the start of this month.

Maldivian Democratic Party (MDP) member Ameen Faisal, alongside former member Abbas Adil Riza were reportedly facing charges of disobeying a lawful order under section 88 of the penal code.

Seven other individuals were also reported to be facing charges in relation to the incident.

The PG Office official, however, stated that the retention of the case had been an “oversight” as the PG had previously opted to retract all cases for which it lacked constitutional authority.

“Before 2008 constitution, the government could make laws and issue guidelines for people to follow, and if they fail to follow them they could be prosecuted. One of the bases of this prosecution was that there was an announcement made by the Home Ministry.”

The official confirmed that the announcement in question was order for the fishing vessel ‘Namoona’ not to set-off from Addu in November 2006.

State prosecutors had claimed that authorities ordered the journey not to go ahead, arguing that the group intended to “unlawfully sow discord among the public and to disrupt the public order” by joining an MDP demonstration in the capital.

The journey had been prompted by the MDP National Council’s call for party supporters to travel to the capital in order to pressure autocratic leader Maumoon Abdul Gayoom to expedite the drafting of the new constitution.

“We can’t base our prosecution on a statement or an announcement made by the ministry. After the 2008 constitution, there was no basis to continue with the prosecution,” said the PG official.

The November 2006 incident involved the Namoona travelling from Addu to Male’ being forced to change course by the Coast Guard.

A press release from Amnesty International shortly after the incident raised concerns that the government was suppressing freedom of expression and assembly.

Investigating the Namoona Dhoni incident, Amnesty said: “A gunship reportedly came within several metres of the passenger boat causing big waves, which rocked the boat violently.”

“The gunship followed the boat and reportedly forced it to anchor near an uninhabited island.

According to reports, for a period of about eight hours the gunboat deliberately prevented the boat from reaching habitable islands to replenish its food supplies, which had run out. The passengers were then taken into custody.”

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Parliamentary constituencies increase from 77 to 85

With additional reporting by Ahmed Rilwan

The Elections Commission, in its ‘Final Report on Electoral Constituencies of 2014 Parliamentary Elections’ (Dhivehi), have formally announced the creation of eight new parliamentary constituencies for the upcoming 2014 parliamentary elections.

The change means the number of MPs elected to the country’s eighteenth parliament will consist of 85 elected members of parliament.

The Maldives’ current unicameral parliament consists of 77 MPs who were elected in May 2009, replacing the previous 50 member parliament following the ratification of the new constitution in August 2008.

According to the new report, an additional constituency has been created in Addu City, Haa Dhaalu Atoll, Noonu Atoll, Alif Dhaalu Atoll, Thaa Atoll and Gaaf Dhaalu Atoll while two new constituencies have been created in Capital Male’ City.

New Constituencies

According to the report, two administrative wards of Male’ City, Villimale and Hulhumale – which are geographically separate islands from Male Island – have now been declared as two separate constituencies.

From Haa Dhaalu Atoll, a new ‘Makunudhoo Constituency’ is formed to include the islands of Makunudhoo, Kumundhoo and Neykurendhoo.  From Noonu Atoll, a new ‘Holhudhoo Constituency’ is formed to include the islands of Miladhoo, Holhudhoo and Magoodhoo.

From Alif Dhaalu Atoll, a new ‘Dhan’gethi Constituency’ is formed to include the islands of Dhidhoo, Mandhoo, Dhigurah, Dhan’gethi and Omadhoo.

From Thaa Atoll, a new constituency ‘Thaa Guraidhoo Constituency’ is formed to include islands of Guraidhoo, Gaadhiffushi and Dhiyamigili.

From Gaaf Dhaalu Atoll, the existing Thinadhoo Constituency is split into two new constituencies the ‘Thinadhoo North Constituency and the Thinadhoo South Constituency – following an increment of the island’s population within the past five years.

From Addu City, the existing Hulhu-Meedhoo Constituency was split into two new constituencies, the new ‘Hulhudhoo Constituency’ for the ward of Hulhudhoo and ‘Addu Meedhoo Constituency’ for the wards of Meedhoo and Maradhoo-Feydhoo of Addu City.

Naming of constituencies

Furthermore, several islands which constitutes to current constituencies in parliament have been switched to other constituencies to balance the population representation of each of the constituencies.

According to the Parliamentary Constituencies Act 2009, two parliamentary seats must be allotted for the first 5,000 people who are permanently registered in every single registered-population – that may or may not include more than one island to form the figure – and one additional parliamentary seat for every additional 5,000 people.

The law also requires the electoral constituencies to be formed based on the twenty-one administrative regions including Male’ as the primary registered-populations.

Elections Commission furthermore states that each constituency have been named after the island in the constituency that has the largest population.

However due to two islands in different atolls having the same name, the similarly named constituencies have now been named including the atoll of which the constituency belongs to.

For example, the report claimed, two constituencies, one in Kaafu Atoll and the other in Thaa Atoll, have a constituency named ‘Guraidhoo Constituency’.

To avoid any confusions, the constituencies have now been renamed to include the first Dhivehi letter of the atoll which the constituency belongs, thereby the Guraidhoo Constituency in Thaa Atoll is renamed “Thaa Guraidhoo Constituency” and the one in Kaafu Atoll is renamed as “Kaafu Guraidhoo Constituency”, the report stated.

Increased expenditure on MP’s pay

Following a salary revision after the parliamentary elections 2009 that saw the base salary of an MP raised to MVR 62,500 (US$ 4,053) and a further inclusion of an additional MVR 20,000 (US$ 1,297) as committee allowance, a Maldivian MP currently earns a total of MVR 82,500 (US$ 5,350) – a sum which is far more than many of the other developed countries.

The parliament therefore spends approximately MVR 6,352,500 (US$ 411,964.98) per month on remunerations of MPs meaning approximately MVR 76.23 million (US$ 4.94 million) is spent on wages per year.

The new increment on number of MPs could mean that approximately MVR 7,012,500 (US$ 454,766.54) would be spent per month as salaries for 85 MPs – an increment of MVR 660,000 (US$ 42,801) spent on MP’s wages.

This means MVR 84.15 million (US$ 5.45 million) would be spent per year – an increment of MVR 7.92 million (US$ 513,612) per year.

Previously, MPs’ decision to increase their own remunerations – including a back pay of committee allowances –  were met by harsh criticism from both the public and local NGO’s leading to public protests.

Aiman Rasheed of local NGO, Transparency Maldives – one of the key local NGO’s who expressed concerns over the pay hike – told Minivan News at the time that the pay rise was symptomatic of “inherent problems in the entire system.”

“With such a high budget deficit and high inflation, we do not accept that the hike [in remuneration] is at all responsible,” he said at the time.

The matter resulted in a Civil Court case which was later dismissed.

In order to tackle the increased expenditure due to expansion of the parliamentary composition, government aligned Maldivian Development Alliance MP Ahmed ‘Aims’ Amir proposed a constitutional amendment that would prevent any further increase of parliament’s size.

However, the bill still remains pending in parliament.

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Police looking for two men involved in smashed drug network

Police are looking for two men for their alleged involvement in the local drug network that was busted on December 5 in a joint special operation conducted by the police Drug Enforcement and Intelligence Departments.

Police identified the pair as Ismail Zihan, 21 of Medo house in Galolhu, and Faisal Ibrahim, 23 of Anooma house in Mahchangolhi.

The police did not reveal further information about the individuals.

Home Minister Umar Naseer this week held a dinner at Nasandura Palace Hotel with the police senior officers to congratulate them for the two successful operations conducted by police to seize two local drug networks.

During the dinner Umar Naseer thanked all the officers for their work and assured them that he would cooperate with the police to arrest and bring drug lords to justice.

Official statistics reveal drug-related offences reported to police have risen by 84 percent between 2012 and 2013.

On December 5, police searched the premises of Henveiru Fahaageaage after obtaining a search warrant, finding drugs and money inside the house.

Police said that persons believed to be involved in the network were apprehended inside the house during the operation.

According to police, a total four persons have been arrested in connection with the case including a Pakistani and a Sri Lankan national.

Police said that more places involved in the drug network are being searched.

Furthermore, police appealed the public to share any information they have regarding the whereabouts of the two wanted persons, and asked to people to contact the police hotline 3322111 or police emergency 119 or police Drug Enforcement Department at 9792498.

On 10 December, police established a 100 day road-map intended to strengthen the work of police and to gain the trust of the people.

The road-map was based on four main strategies which seek to increase and enhance operational activities, conduct activities to curb crime, enhance and hasten investigations, and improve the police institution.

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Police raid Malé house, finding large amounts of cash and drugs

Police have searched the house of an alleged drug lord who is believed to have been smuggling drugs in to the country. The individual himself has also been arrested.

The police did not reveal the identity of the man but said he was 30 years old.

According to the police, when officers searched his house ‘Finifenjambuge’ in Mahchangolhi ward, police found large amounts of money and drugs inside the premises.

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Malé City Council ordered to suspend projects

The Finance Committee of the People’s Majlis has ordered Malé City Council to suspend all projects except for basic service delivery, pending an investigation into the council’s conduct in leasing land.

“The Finance Committee has received reports the Malé City Council is acting in the interest of certain individuals in renting out land and awarding contracts for development of land,” the Finance Committee said in a statement today.

The decision passed with the unanimous support of the five members present and voting.

Meanwhile, the Anti- Corruption Commission (ACC) announced today that it has recommended charges be filed against two of the nine Malé City councilors and three council staff for conferring undue advantage in the awarding of a contract in the Vilimalé Safe Beach Project.

The two councilors are Deputy Mayor Ahmed Samah Rasheed and Ibrahim Sujau. The staff are Assistant Directors Mizhath Naeem, Aishath Jumana Mohamed Rasheed, and Abdulla Rameez.

The Vilimalé Safe Beach Project had sought a contractor to keep the Vilimalé beach area, jetty, and lagoon clean and promised to provide adequate workspace.

The winning bidder had asked for two beachfront blocks to build administrative offices and establish a business at the site in order to sustain the project.

However, the ACC said it does not believe the Malé City Council’s promise of workspace allows for land to be granted to carry out for-profit activities.

The commission notes that all bidders except the winning bidder believed the workspace simply meant land on which to store equipment.

The bid evaluation committee justified their decision by arguing that the winning bidder had proposed a much lower price. However, the commission said that if other bidders had known the promised workspace could be rented out or used for profit, then it is possible that they may have proposed lower prices as well.

Hence, “other bidders did not receive opportunity to compete fairly,” the ACC said.

The ACC recommends the Prosecutor General pursue criminal charges for conferring undue advantage under Article 12 (a) in the Prevention and Prohibition of Corruption Act of 2000.

A study conducted by advocacy NGO Transparency Maldives has found 83 percent of people surveyed felt corruption had increased or stayed the same during the past two years in the Maldives.

According to the survey, the most common area in which bribes were paid was said to be land services, with the most frequent reason for giving bribes being ‘to speed things up’.

Earlier in December the ACC alleged corruption in the award of apartments to individuals as part of the Veshifahi Malé housing programme, ordering the invalidation of 139 of the 448 successful applications.

Elections for the Malé City Council are to be held on January 18.

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Vice-president announces unlimited health insurance from January 1

Vice President Dr Mohamed Jameel Ahmed has announced the government’s intention to introduce unlimited health insurance – ‘Husnuvaa Aasandha’ – on January 1.

Speaking at the launch of the government’s 100 day manifesto for the Ministry of Health, Jameel promised that the government’s pledge to provide a General Practitioner for every family would also be introduced in the new year.

One month on from the inauguration of President Abdulla Yameen, the government has produced similar 100 day roadmaps in a number of departments, including transport, immigration, and the security forces.

The current scheme – introduced under the administration of President Mohamed Nasheed – set a limit of MVR100,000 (US$6,485) annually for health services for all Maldivian nationals from hospitals and health centres operated by health corporations as well as private hospitals and clinics.

The initial scheme soon proved costlier than the government had envisioned, however, with hundreds reaching their entitlement limit within just a few months. Rocketing demand for services saw a reported 7000-8000 people using the scheme every day, at a cost of up to MVR3 million (US$194,552).

Caps were subsequently introduced on medicines and certain services provided in private clinics and hospitals as well as fees introduced for services at private clinics.

Vice President Jameel said last night called on the private sector to aid the government in providing affordable healthcare.

A recent World Bank report noted that a total of 276,033 citizens – around 84 percent of the population – had used the Aasandha service in its first year, representing about 2.8 percent of 2012’s GDP.

“Overall, a total of about 3.6 million transactions were recorded in the first year that represented an average 13.2 transactions per patient, a relatively high figure for a country with a predominantly young population and limited availability of medical service providers,” said the World Bank.

The same report – the ‘Maldives Development Update’  – described the country as “spending beyond its means”.

At present, public debt stands at an “unsustainable” 81 percent of GDP, the report stated projecting the debt will rise further to about 96 percent by 2015.

The World Bank saw the fiscal sustainability of the Aasandha scheme as its major challenge, offering a series of recommendations to achieve this.

“Substantive savings could be achieved without significantly compromising coverage and quality of services by re-designing the scheme with a focus on provider incentives.”

The World Bank went on to suggest that the bulk purchase of essential and generic drugs could reduce the costs of the scheme, as could tighter controls on overseas treatments.

Jameel has previously acknowledged that a lack services has forced many Maldivians to live abroad for medical purposes, pledging chemotherapy in the public Indira Ghandi Memorial Hospital, as well as nine dialysis units.

He has also promised that screening to diagnose cervical cancer would be introduced under a government insurance scheme.

Jameel had previously stated that the specifics of the government’s health proposals would begin “as soon as we get the budget for it”. The details of the 2014 budget continue to be discussed in the Majlis, with the final draft due to be presented to the full chamber at the end of the week.

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Fiqh Academy reveals opinion on abortion

The Fiqh Academy of Maldives has today issued its opinion on abortion, stating that the situations in which they believe abortion is allowed under Islam.

According to the academy, if a woman gets raped – regardless of whether marriage to the man is allowed under Islam – abortion is allowed if it is carried out within the first 120 days.

The academy further stated that if a woman whose medical conditions is not good enough to hold a baby in her womb gets raped by a man then abortion is allowed if it is carried out in the first 120 days.

The academy was first established in 2009 under President Mohamed Nasheed’s administration, and was dissolved and then re-established by President Dr Mohamed Waheed Hassan.

The current nine-member academy is composed of two councils – the Shariah Council and an Advisory Council. Members are appointed by the president and the academy’s main function is to act as an advisory body on issues of Islamic jurisprudence and Shariah law.

The fourth situation stated in which they viewed abortion as being allowed was if the doctors are sure that the baby might have serious health conditions such as thalassemia, sickle cell, or any other serious medical condition that cannot be cured by medicine.

The only situation where abortion is allowed after the first 120 days was if the mother’s health condition was critical and doctors were forced to save either the baby or the mother.

The Fiqh Academy also said that abortion is allowed in the first four situations, if carried out within 120 days of pregnancy because the fetus would not have soul inside but after 120 days the soul will enter the fetus and thereafter it should be considered as living.

The Academy has issued eight rulings since it’s establishment and also suggested amendments to the draft Penal Code while it was open for public comments.  People’s Majlis’  Penal Code drafting committee rejected all but one of the proposed amendments.

Since 2011 there have been an increase in the amount of abandoned babies reported by the media.

On May 5, 2011, a dead infant was found in a plastic bag in the swimming track area of Male’. A medical examination later concluded that the baby had sustained cuts, bruises and other wounds.

On May 21, 2011, the corpse of a premature baby boy was discovered inside a Coast Milk tin on the island of Villingli.

Police Sub-Inspector Shiyam at the time told told Minivan News that the dead child, believed by forensic examiners to have been born three months premature, was discovered in a discarded container near the power house area of the island.

On May 22, 2011, the body of a newborn baby boy discovered in a park in Hulhumale’ was found with underwear tied tightly around his neck.

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Committee investigating supreme court judge’s sex-tape requests suspension

The sub-committee formed by the Judicial Service Commission (JSC) to investigate the alleged sex-tape scandal of Supreme Court Judge Ali Hameed has again requested for the suspension of the judge after his refusal to cooperate with the investigation.

“We have sent the request to the JSC to suspend Ali Hameed after the members of the committee found the need to suspend him. We don’t know whether commission would do it or not,” a member of the committee was quoted saying in the local media.

Speaking to Minivan News, a JSC member confirmed that a request had been received to the commission but had not yet made a formal decision regarding the request.

Local newspaper Haveeru has reported that the committee’s request for suspension of the judge was also due to challenges facing the commission – from both the JSC and the Supreme Court – due to Hameed remaining as sitting judge.

Furthermore, local media claimed that Judge Hameed had turned down requests made by the commission to come in for questioning.

Previous call for suspension

Last July, a similar call by the same committee to suspend the disgraced judge was disregarded by the full commission, who questioned the committee’s basis for such a request.

Judge Hameed was able to survive the committee’s attempt to suspend him after four JSC members voted against the recommendation.

The four members included President Mohamed Waheed’s Attorney General Azima Shukoor and his representee Latheefa Gasim – a member of the committee who supported the suspension in committee before later changing her mind.

The other dissenting members were then-parliament’s representative to the commission, resort tycoon and MP Gasim Ibrahim – who later lost his seat at the JSC following his decision to contest the 2013 presidential elections and then-Chair of the Civil Service Commission, Mohamed Fahmy Hassan. Fahmy had been dismissed by parliament in a late 2012 no-confidence motion over allegations of sexual harassment, before being reinstated by the Supreme Court in March 2013.

All four members defending Hameed said that there was “lack of sufficient evidence” to suspend him.

Police Investigation

Earlier this December, local media reported that police had sent a letter to the JSC in which it claimed the sex-tape probe had been stalled due to Criminal Court’s failure to provide key search warrants central to ascertaining Judge Hameed’s depiction in the videos.

The police had allegedly sought two warrants, one being an authorisation from the court allowing police to take a facial photograph of Judge Hameed for comparative analysis, and the second being a search warrant of Hameed’s residence.

Neither the police nor the JSC have confirmed the existence of this letter, though the police have publicly noted similar difficulties in its investigation without mentioning warrant requests.

Superintendent Abdulla Nawaz told media earlier this month that the police had been awaiting some key information from abroad regarding the case.

“We believe once we get this information [from abroad], more doors will be opened and more clues to the case will be revealed, to enhance our investigations,” Nawaz said at the time.

In sum, Nawaz admitted that efforts had not been fruitful in determining the participants, let alone whether it was Hameed seen fornicating with multiple foreign women inside the hotel room.

The sex-tape

Spy-cam footage allegedly depicting the Supreme Court Judge indulging in different sexual acts with multiple foreign women surfaced on local media last July.

In one such video, time-stamped January 24 2013, showed the judge fraternising with a topless woman with an eastern European accent. At one point the figure alleged to be the judge – who was only wearing a white underwear –  leans into the camera, making his face clearly visible.

Afterwards, the woman repeatedly encourages the man to drink wine from a mini-bar. “If I drink that I will be caught. I don’t want to be caught,” the man insists, refusing.

The case rose to prominence once more after the Supreme Court’s decision to annul the first round of the presidential elections in October.

Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the election.

The videos appeared shortly after a film – also involving Judge Hameed – began circulating on social media in which the Supreme Court Judge appeared to be discussing political influence in the judiciary with a local businessman.

The appearance of the videos also coincided with the arrest and release of Ahmed Faiz – a council member of former President Dr Mohamed Waheed’s Gaumee Ihthihaad Party and the then-project advisor at the Housing Ministry – while he was allegedly trying to sell a sex-tape of the judge.

As of yet, despite public circulation of the videos and widespread media coverage on the scandal, Judge Ali Hameed still continues to sit in the Supreme Court.

He had been one of the four judges who formed the majority ruling in the Supreme Court’s decision to annul the initial first round of the 2013 presidential election as well as the ruling that unseated two opposition MPs over a controversial case of undecreed debt.

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Comment: Maldives should honor its history by supporting the rights of the Iranian people

In the coming days, the United Nations General Assembly will adopt a human rights resolution passed last month by its humanitarian committee aimed at improving the lives of Iran’s citizens. The human rights conditions of Iranians have been abysmal for three decades now.

This includes entrenched political repression, state-sanctioned gender and religious discrimination, and institutionalised violence and torture of government critics. Today, nearly a thousand political prisoners and prisoners of conscience languish in Iranian prisons due to the exercise of their guaranteed rights to expression, conscience, and religion.

While newly elected President Hassan Rouhani has provided hope to Iranians who voted him in on a platform of citizens’ rights, limits to presidential power are already undercutting his administration’s ability to usher in the human rights reforms he promised during his campaign for president. Policymaking in Iran also rests with unelected officials, so for Rouhani to advance his reform agenda, support from Iran’s Supreme Leader is necessary. What the Iranian people desperately need, therefore, and what President Rouhani can benefit from, is sustained and elevated attention to their situation. This will help Iran’s entire leadership understand that episodic or cosmetic steps will not be accepted as a substitute for genuine, broad-based democratic human rights reforms.

Yet, when the vote on this issue was called at the United Nations in November, the Maldives’ seat was empty.  This is all the more astonishing since the Maldives, itself, recently emerged from authoritarianism following its first multi-party elections in 2008. Meanwhile, the Maldives asked the UN General Assembly not once, but twice, to be elected to the Human Rights Council. It was the UN that called attention to a lack of gender equality in the Maldives’ judicial appointments, which helped the Maldives end gender discrimination within the judiciary, leading to the appointments of the country’s first-ever female judges. In Iran, female judges were unjustly removed from the bench after the 1979 revolution. They should be returned to their rightful posts.

Remembering the role of the international community

It was just eight years ago when in 2005, the UN Special Rapporteurs on freedom of expression, freedom of religion or belief, and human rights defenders sent an urgent appeal to the government of the Maldives concerning the now-defunct Supreme Council for Islamic Affairs’ declared ban on the possession of the Universal Declaration of Human Rights (UDHR).

The government responded within a week affirming its support for the UDHR and explaining that the Council’s statement was not legally binding. Moreover, the Deputy Minister of Foreign Affairs responded a month later to confirm the initial response and to inform the UN experts that the government notified the Council to desist from such pronouncements without prior consultation. For these reasons, and more, the Maldivian people understand firsthand the vital role played by the international community in assisting nations to make human rights progress.

The Iranian people deserve the same support from the international community. They certainly deserve the backing of the Maldivian people who have faced similar challenges and benefitted from the UN’s attention.

The Iran human rights resolution focuses on many critical issues, such as the lack of freedom of expression and assembly in the country – as well as the need to release the hundreds of human rights defenders, activists, journalists, and opposition members in prison. It catalogues how women and religious minorities continue to face severe discrimination in law and practice, sometimes amounting to persecution. It discusses the country’s exorbitant execution rate, the highest per capita in the world. It requests Iran to end the practice of juvenile executions, public executions and other executions carried out in the absence of respect for internationally recognized safeguards, as well as to end inhumane and degrading forms of punishment, including amputation.

Despite President Rouhani’s election, more than 254 hangings have been carried out by Iran’s judiciary since his inauguration in August. The government has surpassed last year’s record by executing 529 people as of the end of November. Finally, the resolution calls on Iran to cooperate with UN human rights special procedures, including the mandate of the UN Special Rapporteur on the situation of human rights in Iran, who has not been allowed to visit the country since 2005.

The Maldives has the ability again this week to be present when the vote on the human rights of the Iranian people is called at the UN General Assembly. It has another opportunity to honor its own painful and inspirational history, and to honor the hundreds of prisoners of conscience in Iran who continue to fight for their freedom and for their human dignity. The Maldives should vote yes for its own people and for the people of Iran.

Dokhi Fassihian is an international human rights expert. Since 2003, she has led three non-governmental organizations working in the areas of human rights, democracy, and Iranian affairs

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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