Tag: maldives news

One million people sign petition calling for end to flogging of women and children in the Maldives

An online petition calling on the Maldivian government to end the practice of flogging women and children for the crime of fornication has been signed by more than one million people worldwide.

The Avaaz.org petition, titled ‘Horror in Paradise’, follows the sentencing of a 15 year-old rape victim to 100 lashes and eight months house arrest, for confessing to a separate instance of fornication during the investigation into the alleged murder of her baby. The child was found buried in an outside shower area.

“Let’s put an end to this lunacy by hitting the Maldives government where it hurts: the tourism industry,” declares the Avaaz petition.

“Tourism is the big earner for the Maldives elite, including government ministers. Let’s build a million-strong petition to President Waheed this week, then threaten the islands’ reputation through hard-hitting ads in travel magazines and online until he steps in to save her and abolish this outrageous law,” it states.

Worldwide support for the petition has extended to the travel media, with industry news website eTN declaring that that it would not accept advertising or press releases from any Maldives government agency until the issue was resolved.

“I am outraged on hearing that a 15 year-old girl, who has survived rape by her stepfather and a resultant pregnancy, has now been found guilty of “fornication” and sentenced to flogging and house arrest. I am an active member of the UNWTO World Tourism Network on Child Protection and as a world citizen I cannot be silence about this. No civilized country should get away with such a nightmare system of justice,” said eTN publisher Juergen Thomas Steinmetz.

Tourism Minister Ahmed Adheeb had made no response at time of press following the petition reaching one million signatures. Deputy Minister and Head of the Maldives Marketing and Public Relations Corporation (MMPRC), Mohamed Maleeh Jamaal was also not responding.

However, following an interview with Maleeh, local news outlet Sun Online reported the minister as saying that the Avaaz campaign was an attempt by the opposition Maldivian Democratic Party (MDP) and “different media groups that work alongside the MDP” to “crush the country’s tourism” and “cause havoc on the country’s economy.”

“When they started the campaign, they were clearly aware of the president’s stand, as well the attorney general’s stand on the matter,” Maleeh said, according to Sun.

“Looking back, a 14 year-old was given the same sentence during former President Nasheed’s presidency and nobody seemed to have talked about that. This whole deed is an attempt to defame the country’s tourism industry and [damage the] economy,” he said.

According to Sun, resort tycoon, Judicial Services Commission (JSC) member and presidential candidate of the Jumhoree Party (JP), Gasim Ibrahim, at a rally on Fuvahmulah over the weekend also declared that a slight decline in tourism could have serious consequences on the lives of Maldivians.

As such, Sun reported Gasim as saying, “more focus should therefore be put on developing the fisheries industry.”

In the wake of global media coverage of the initial sentencing, the President’s Office issued a statement late last month expressing “sadness” over the sentence, and promising a review.

“The government is of the view that the case merits appeal. The girl is under State care and the government will facilitate and supervise her appeal of the case, via the girl’s lawyer, to ensure that justice is done and her rights are protected,” the statement read.

President’s Office Spokesperson Masood Imad has meanwhile expressed hope that punishments such as flogging would be debated and one day repealed.

Sources on the island Feydhoo have meanwhile told Minivan News that concerns had been raised by islanders since 2009 that the girl had potentially been the victim of sexual abuse not just by her stepfather, but a number of other unidentified men on the island.

Atoll Council President Moosa Fathy said police had conducted numerous investigations into the girl’s situation since 2009, but that she had ultimately been left in the custody of her mother and stepfather even after she was found to pregnant. He blamed the “limited facilities” available to house and protect the girl, as well as a lack of budget, management and staff to shelter vulnerable young people.

Second flogging sentence of underage girl

The most recent flogging sentence passed against the 15 year-old abuse victim follows a similar case in September 2012, in which a 16 year-old girl was sentenced to house arrest and 100 lashes for fornication with a 29 year-old man.

The man was convicted of sexual assault under common law and sentenced to 10 years in prison.  The girl was sentenced under Islamic Sharia on the charges of consensual sex outside of wedlock.

An official of the Ministry of Gender, Family and Human Rights at the time said the matter was the concern of “either the court or JJU (Juvenile Justice Unit). We will be concerned once the girl is flogged, but as far as I know, she hasn’t been flogged yet. We do not want to associate ourselves with a case that we are not involved in.”

Calls for moratorium

Amnesty International in 2009 called for a moratorium on flogging sentences in the Maldives, arguing that the sentences were disproportionately applied to women.

Amnesty’s calls were echoed in November 2011 in an address to parliament by UN Human Rights Commissioner Navi Pillay, who said the practice “constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

Her comments were condemned by religious groups in the Maldives, with protesters urging authorities to arrest the UN High Commissioner and gathering outside the United Nations carrying signboards with slogans such as “Islam is not a toy,” “Ban UN” and “Flog Pillay”.

A presidential state apology for allowing Pillay to speak to parliament was one of the five demands of the December 23 coalition [of 2011], a mass gathering in the capital Male’ that saw the fractured opposition unite against President Nasheed on the pretext of protecting Islam.

Religious NGO Jamiyyathul Salaf meanwhile sent a letter to the UN Resident Coordinator, alleging that the Pillay’s call for a moratorium on flogging was “inhumane and disrespectful.”

The Foreign Ministry – at the time under the Nasheed administration – dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

Likes(0)Dislikes(0)

MP ‘Colonel’ Nasheed blames Home Minister Jameel for evidence bill delay

Dhivehi Rayithunge Party (DRP) MP Mohamed ‘Colonel’ Nasheed has claimed that Home Minister Mohamed Jameel’s failure to give a professional opinion on the pending Evidence Bill is the reason for the bill’s delay.

The remark by the Nolhivaram constituency MP comes at a time where both the Home Minister and Commissioner of Police Abdulla Riyaz have expressed concern over parliament’s delaying of the essential bill.

During a debate in parliament last Wednesday, MP Nasheed claimed that the committee currently reviewing the bill had on numerous occasions requested a professional opinion from the Home Minister.

“We were forced to park the bill because [Jameel] could not spare us time. We are waiting for an opinion from him. Therefore, before opening his mouth to condemn parliament, he must look back at his own actions,” said MP Nasheed.

He contended that along with the evidence bill, other pivotal bills such as the criminal procedure code require professional opinions from the attorney general, the Supreme Court and other members of the judiciary, as well as the police and Home Ministry.

“They are not able to give time for any of this. Kulhudhufushi-South Constituency MP Mohamed ‘Kutti’ Nasheed has neatly carried out parliament’s end of the bargain. He initiated the drafting and other relevant work required from parliament. But, we have to face the truth that [the delay] is due to the Home Minister’s failure to give us his time,” he said.

“We have given time for him on four different occasions, but every time for some reason he calls us and cancels the appointment in the nick of time. How can the evidence bill be passed?” Nasheed questioned.

He reiterated that even though the country was run under a presidential system with separated powers of state, it does not mean that two of those powers could not collaborate in running the affairs of the state.

Police Commissioner’s concerns

Meanwhile, Commissioner of Police Abdulla Riyaz has said it was of utmost importance that a mechanism be set which would speed up the process of obtaining witness statements before the witness is “influenced”.

In a video released on the police website following the Criminal Court’s acquittal of six suspects arrested in connection with the stabbing murder of Ali Shifan, Commissioner Riyaz stated that many people are afraid to give witness to the courts because of threats they face afterwards.

“In several countries, there are mechanisms to protect witnesses. That can only be achieved through legislation. According to our information, a draft witness protection act is currently submitted to the parliament,” he said.

He said such key bills should become law as soon as possible in order for police to continue curbing criminal activities.

“Laws should be made in such a fashion that they guarantee the safety and protection of the people. Importance should be given to that. We hope that the necessary bills are passed as soon as possible which will remove a lot of barriers we are currently facing. It would be a huge assistance,” he said.

The commissioner of police added that it was important to know the extent to which the court would go to accept circumstantial evidences and forensic evidences such as DNA.

He stressed that the constitution clearly mentioned that investigations be carried on the basis of evidence collected, but said there was no evidence act currently in place.

“DNA is one of the most authentic forms of evidence. Another is the fingerprint. Similarly, video evidence id very authentic too. We are talking about the fact that there is no legislation that dictates as to how such evidences will be accepted by the court.”

Following claims that the initial evidence bill proposed in 2009 “made no sense at all”, a new draft of the bill was proposed to Parliament’s Independent Institutions Oversight Committee on October 2012.

The bill was drafted by former Minister of Legal Reform during President Gayoom’s presidency, the current MP for Kulhudhuffushi- South, MP Mohamed ‘Kutti’ Nasheed.

Home Minister Jameel was not responding to calls at time of press.

Likes(0)Dislikes(0)

PG to appeal Shifan murder case after Home Minister and Police Commissioner express concern over ruling

Prosecutor General Ahmed Muiz has said he will appeal a Criminal Court ruling that all suspects charged in connection with the murder of Ali Shifan were innocent.

The PG’s decision came after Home Minister Dr Mohamed Jameel and Police Commissioner Abdulla Riyaz expressed concern about the Criminal Court’s ruling.

In an interview given to Haveeru Dr Jameel said he believed that the state had produced enough evidence to the court and that the judge made mistakes in measuring the evidence.

He also said that the Home Ministry was very concerned that suspects involved in such crimes were being released by the courts.

In a video recording published on police website, Commissioner of Police Abdulla Riyaz said he was shocked to hear about the court ruling.

‘’The investigation into the case was conducted under the instructions from the prosecutor general,’’ Riyaz said. ‘’Police obtained DNA evidence and statements from witnesses. DNA evidence is accepted widely throughout the world.’’

On March 20, the Criminal Court ruled that all six suspects arrested in connection with the stabbing murder of Ali Shifan were innocent and ordered their release.

The six suspects were identified by the police as Ali Nabeeh, 22, of M.Nalahiyaa Manzil, Mohamed Shaifan, 18, of Male’ Dhaftharu no 3912,  Razzan Abdu Rahman, 19, of Kaanimaage house in Thulhaadhoo island of Baa Atoll,  Abdul Thilmeez, 20, of M.Thilmeez,  Mohamed Asif, 19, of Maafahi house inKurendhoo island of Lhaviyani Atoll and Mohamed Mishaan Abdul Haadhy, 20, of M.Silver Nest.

The judge ruled that there was not enough evidence to convict, despite the DNA of the victim being found under the fingernail of one of the suspects.

The judge said that although the state had produced five witnesses to the court, their statements to police were contradictory.

The court also acknowledged that Ali Shifan’s DNA was found under Shaifan’s fingernail, and accepted that this was “strong forensic evidence”, but said it was not enough to prove him guilty.

Likes(0)Dislikes(0)

Defamatory accusations are baseless and untrue: PPM MP Yameen

Progressive Party of Maldives (PPM) presidential primary candidate Abdulla Yameen has claimed that recent defamatory allegations made against him are baseless and untrue.

Speaking at a rally in Addu City on Thursday (March 21), Yameen revealed that he had been accused of several issues, including holding large sums of money in foreign banks, local media reported.

Responding to the accusations, Yameen stated that “none of those stories are true”, asking people not to believe them.

“I have been accused of holding large sums of money in different accounts. I’m not responding to these allegations. But the people who work with me need public confidence.

“I want to say to you, that there are several allegations targeted at me. But those allegations are baseless and unfounded. None of those stories are true. Don’t believe them,” SunOnline quoted Yameen as saying.

Yameen had stated he did not want to comment further on the matter, and that he did not wish to respond to the claims against him.

Yameen, who is the half brother of former autocratic ruler Maumoon Abdul Gayoom, claimed that if the PPM wins the presidential election this year, the Maldives would experience “prosperity similar to, or even better than, the past 30 years.”

In reference to a number of young individuals who reportedly praised Yameen during the rally, the PPM presidential primary candidate said while he cannot accept constant praise, continuous criticism could also become an issue.

“At rallies like this I often hear about my services. I feel disinclined to sit and listen when people talk about my services. But this is a practice introduced by young people.

“But before they take it too far, I want to say, I may not be able to accept continuous praise; but at the same time, continuous criticism could also lead to displeasure,” Yameen was quoted as saying.

Both Abdulla Yameen and Umar Naseer are currently campaigning to win the PPM’s presidential candidate slot for the upcoming presidential elections, to be held in September this year.

Yameen forced to play 80 percent in defence: Umar Naseer

Last week, a spokesperson for Abdulla Yameen’s ‘Yageen’ campaign team told local media on Saturday that Umar Naseer had made slanderous and “blatantly untruthful” statements about Yameen during a recent rally.

Speaking at the aforementioned rally, Naseer claimed that Yameen’s campaign team is forced to play “80 percent in defence” in order to denounce the public’s claims against him.

“We heard our brother MP [Ahmed] Nihan speaking at Yameen’s campaign rally. All he did was try to denounce what the public says about Yameen,” Naseer said at a rally held on March 15.

“Nihan said that although people allege Yameen has ties with gangs and gang violence it is not true. He said that although people say Yameen bathes with mineral water, that isn’t true either.”

Earlier this month, Naseer claimed that he had received “intel” that an attempt would be made to “assassinate” his character by planting illegal substances in his offices.

Following Naseer’s initial claims, he told supporters at a rally on March 15 that an MP involved in the illegal drug business was attempting to “frame him”.

“[The MP] tried to ruin my reputation by sending police to my business offices in the pretence of looking for illegal substances. I do not get involved in such acts.

“I will not name the MP, I do not need to name him here. He is trying to hide the relations he has with gangs and his involvement in the illegal drug business.”

On March 17, a police source told Minivan News that a bottle of alcohol had been found in a car belonging to Naseer’s wife when searched by police.

“Last night the driver of the car had parked after there had been some sort of accident caused by someone on the back seat.

“At that time, the driver found a bottle of alcohol within the car and reported it to the police. We took the driver, questioned him and released him,” the source claimed.

Speaking in regard to the alcohol allegedly found in the car, Police Spokesperson Chief Inspector Hassan Haneef confirmed that a bottle had been found and the case was still under investigation.

“We received a report from a driver of a vehicle stating that there was a bottle of alcohol in the car. Police went to the car, searched it and took the vehicle,” Haneef said.

Despite Umar Naseer’s comments, former President Gayoom tweeted earlier this month that external influences were attempting to split both Yameena and Umar apart.

“Some people from outside PPM are trying hard to drive a wedge between Yameen and Umar. All PPM members please be alert to this,” Gayoom tweeted.

The PPM presidential primary election is scheduled for March 30.

Likes(0)Dislikes(0)

STO “quite sure” 17,000 tonne shipment of almost depleted building materials will arrive next month

The State Trading Organisation (STO) has announced that a 17,000 tonne shipment of aggregate and river sand will be imported to the Maldives in April.

The announcement follows recent concerns made by the company over its dwindling stocks of both materials, after India revoked its quota to export the material to the Maldives.

Managing Director of STO Shahid Ali told local media that the company is “quite sure” a 17,000 tonne shipment of aggregate and river sand will be brought in early next month.

Local media reported that the shipment will be coming from both Sri Lanka and Bangladesh.

Likes(0)Dislikes(0)

MDP protest against Supreme Court

Maldivian Democratic Party (MDP) held a peaceful street protest on Friday (March 22) against the Supreme Court following two controversial rulings against parliament.

Starting from Usfasgandhu, roughly 400 protesters led by former President Mohamed Nasheed took part in the demonstration calling for authorities to refrain from undermining parliament.

Local media reported that the protesters stopped near the Supreme Court to voice their opinions, further calling for the Supreme Court bench to be abolished and the resignation of President Mohamed Waheed Hassan Manik.

On March 14, Supreme Court declared two decisions made by parliament last year as unconstitutional.

According to the court ruling, parliament’s decision to remove Civil Service Commission President Mohamed Fahmy Hassan over allegations of sexual harassment and to conduct no-confidence votes through secret ballot violated the Maldives constitution.

Likes(0)Dislikes(0)

Scouts lead Earth Hour events, Environment Ministry “facilitates”

Maldivian civil society is holding Earth Hour events today (March 23) to highlight the urgent need to take action against climate change and care for the environment, while the Ministry of Environment and Energy “facilitates”.

Earth Hour is the “single largest mass participation event in the world” aiming to mobilise people to take action on climate change by switching off their lights for one hour as a “massive show of concern for the environment”, according to the event’s website.

Earth Hour Maldives aims to “obtain the full cooperation of the community, non-government organizations, companies, tourist resorts, government ministries and agencies and the school community, to effectively make Earth Hour Maldives a success and to demonstrate to the world where the Maldives stands in the battle between Earth and Global Warming,” the site states.

The Scout Association of the Maldives has taken the lead organising Earth Hour events, particularly in the capital Male’, since the Maldives began participating five years ago.

“The WWF and Earth Hour Global event hosts prefer associations organise events, focus on youth involvement, and receive support from the government,” Earth Hour Maldives Marketing Manager Mujahid Abdulla told Minivan News.

“The Environment Ministry is making policies, such as the vehicle ban from 7:30 to 10:30 tonight.

“The presidential palace will be the first place to have its lights switched off, as well as the ‘front line’ of Male’. We expect 40 to 50 percent of buildings to shut down their lights,” according to Abdullah.

The Environment Ministry’s Earth Hour media focal point, Mohamed Mushaaid, explained to Minivan News that all government buildings have been requested to shut their lights off for the designated ‘earth hour’ between 8:30 and 9:30 pm, however compliance is voluntary.

“Earth Hour is organized by the Scout Association of the Maldives, while the Environment Ministry is facilitating the event by providing resources, coordinating help from other government ministries, and providing technical help.

“We are strongly suggesting island councils participate, but it’s not mandated,” stated Mushaaid.

He further explained that scouts have been going ‘door to door’ raising awareness and cooperation for ‘lights off’, while advertisements and announcements have been made on ‘variety shows’ providing information about the event and advertising people to avoid energy usage during the designated earth hour.

Updates of energy savings in ‘real time’ will be given on local television.

A vehicle ban will be implemented in Male’ from 7:30pm to 10:30pm, which the Environment Ministry arranged in conjunction with the scout association, Transportation Ministry and Male’ City Council, according to Mushaaid.

“It’s for the benefit of the public, activities will be taking place on the streets for people to join and have fun,” he stated.

“Plus, it will be difficult to capture the picture of Male’ from Funadhoo [island] during Earth Hour with vehicle lights,” Mushaaid added.

Funadhoo is a small island adjacent to the capital of Male’ where the Maldives’ State Trading Organisation (STO) operates its fuel and lubricants department, housing 15544 tons of diesel and 600 tons of kerosene.

Collaborating partners

Abdullah stated that activities have been organised nationwide, with larger events to be held on Kulhudhoofushi island in Haa Dhaal Atoll, Lhaviyani Atoll, Fuvahmulah Island, Addu City, other small islands as well as by resorts. Events in Male’ include an awareness walk, traditional music and activities.

A wide range of institutions are collaborating to implement Earth Hour activities. The Maldives Girl Guide Association, the Maldives Youth Climate Network (MYCN), and other non-governmental organisations (NGOs) are providing organisational and voluntary help. Supporting partner institutions include the Ministry of Environment and Energy, the State Electric Company Limited (STELCO), the Police Services, Maldives National Defence Force (MNDF), as well as local media outlets.

The Ministry of Home Affairs is facing criticism for publicly announcing the dissolution of nearly 1300 non-governmental organisations (NGOs) – 70 percent of organisations nationwide – without notification or supportive mechanisms.

According to STELCO data, Earth Hour events in 2012 saved 1590.5 kilowatt hours of energy, 418.55 liters of fuel, and carbon dioxide emissions were reduced by 1.1 tonnes within an hour, as stated in the official Earth Hour Maldives report.

Earth Hour is organized globally in partnership with the World Wildlife Fund (WWF), with millions of people worldwide, from 152 countries and territories, including 7001 cities and towns, participating in 2012.

Government-led environmental conservation

President Waheed Hassan Manik’s government pledged to ensure his government remained outspoken internationally in regards to the plight small nations faced from the potentially destructive impacts of climate change.

The government says it remains committed to pursuing the previous administration’s carbon neutral ambitions despite recent political tensions reportedly affecting investment potential for such schemes.

However, private companies and international actors are leading renewable energy implementation in the Maldives while the government “prepares” for various solar power projects.

Since early 2012, the Maldivian government has overseen the initial stages of a few new renewable energy projects.

Waheed launched the Baa Atoll UNESCO Biosphere Reserve and Baa Atoll Conservation Fund in early 2012.

Later that year, a marine biologist working in the Baa Atoll UNESCO Biosphere Reserve has reported the discovery of the remains of a baby shark and endangered sea turtle barbecue on the uninhabited island of Funadhoo, one of the country’s 14 priority nesting beaches legally protected under Maldivian law.

Meanwhile, waste management remains a national human and environmental health dilemma. Establishing waste management systems on the islands has been an ongoing struggle.

Most islands have waste areas that vary in quality and have no means of processing or removing trash from the garbage areas.

“Thilafushi is not what we want. The current conditions there pose serious health and safety threats to Bangladeshi workers living there and those toxins spread to Male’ and Villingili as well,” Ahmed Nizam, Solid Waste Management Coordinator for the Environment Ministry previously told Minivan News.

Speaking to the Conde Nast Traveler publication in 2012 to promote “The Island President” film documentary, former President Mohamed Nasheed expressed hope that the country would continue to work towards becoming carbon neutral, but he also challenged the legitimacy of Waheed’s government.

“We were making real progress. I hope the government will continue our policies. But you can’t have good policies without democracy. And you won’t address the climate change crisis without good policies,” Nasheed told journalist Dorinda Elliott.

“All democratic movements must talk about both climate change and human rights.”

Likes(2)Dislikes(0)

Parliament notifies Gasim of case to remove him from JSC

Parliament has sent a notice to Majlis-appointed member to the Judicial Service Commission (JSC), Gasim Ibrahim, regarding a case to remove him from his post.

Deputy Speaker of Parliament Ahmed Nazim told local media on Friday (March 22) that a notice had been sent to Gasim, who is also the presidential candidate for Jumhoree Party (JP), as per parliament procedures.

Nazim stated that the case submitted by the Maldivian Democratic Party (MDP) to remove Gasim from the JSC would be put on parliament’s agenda only after speaking with leaders from various political parties.

The notice follows a meeting held last week by Parliament’s Independent Commissions Oversight Committee, in which the entire JSC board was summoned to attend.

Throughout March, the oversight committee has been speaking with members of JSC in regard to the manner in which judges were appointed to the Hulhumale’ Magistrate Court bench. The court is currently hearing the trial of former president Mohamed Nasheed, who is Gasim’s presidential rival in the upcoming elections in September.

Oversight Committee member and MDP Spokesperson Hamid Abdul Ghafoor told Minivan News that during the meeting held on Wednesday (March 20), Gasim had lacked integrity when faced with questions from the committee.

“The focus of my questions was on the integrity of the JSC members and of the independence of judges.

“When I asked Mr Gasim whether he had announced his [presidential] candidacy before or after he was nominated to his post within the JSC, he said ‘I am not sure’,” Hamid claimed.

Gasim’s presidential rival and leader of the MDP, former President Mohamed Nasheed, is currently facing charges at Hulhumale’ court over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed in January 2012.

The MDP has maintained that the charges against Nasheed are a politically motivated attempt to bar him from the election in September.

Despite the JSC Chair and Supreme Court Judge Adam Mohamed declaring that the commission refused to discuss matters regarding the Hulhumale’ Court, individual members of the JSC still attended the oversight meetings.

“It is like a domino effect – the chair of the JSC has lost his authority. We believe this is the first step of the JSC being shaken to its core,” Hamid said. “Even on Wednesday the chair was still resistant to being questioned.”

Statements from individual JSC members given to the oversight committee revealed there had been concern as to how the Hulhumale’ Court bench had been appointed.

Furthermore, the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul raised concerns over the politicisation of the JSC last month.

“I have heard from numerous sources that the current composition of the JSC is inadequate and politicised.

Because of this politicisation, the commission has been subjected to all sorts of external influence and consequently has been unable to function properly,” Knaul stated last month.

JSC composition does not allow independence of judiciary to be maintained: Shakoor

On Wednesday (March 20), Attorney General and JSC member Aishath Azima Shakoor told local media that the current composition of the commission did not allow it to maintain independence of the judiciary.

“I believe that, even though JSC has been composed according to constitution, it does not allow [it] to maintain the independence of the judiciary.

“I do not believe that JSC’s configuration is based on the most effective model. But JSC is how the Constitution says it should be, so we have to function like that,” Azima was quoted as saying in local media.

In regard to Gasim, who voted in favour of establishing the Hulhumale’ Court bench, Azima told local media that if she had been in Gasim’s position when the vote for the court bench had been undertaken, she would not have participated in the vote.

“I believe that the Parliament Committee on Independent Institutions’ review or investigation of the manner in which Hulhumale’ Court bench of judges was established will affect the trail that is currently proceeding in that court,” Azima was quoted as saying in Sun Online.

Likes(2)Dislikes(1)

Maldives failed “at every level” to protect minor charged with fornication from years of abuse

Additional reporting by JJ Robinson.

Council heads and senior civil society figures have slammed the judiciary, state authorities and welfare groups over their systemic failure to protect a 15 year-old girl convicted of fornication and sentenced to flogging, despite her history of alleged sexual abuse dating back to 2009.

While the case has only recently received global media coverage, local councilors and woman rights groups told Minivan News that authorities failed for years to address “public uproar” over the child’s alleged abuse.

The girl from the island of Feydhoo in Shaviyani Atoll is currently in the care of the Ministry of Gender and Family. She was identified as a victim of child abuse last year after the body of a dead baby was discovered buried in the outdoor shower area of her family home.

Her stepfather was later charged child sexual abuse, possession of pornographic materials and committing premeditated murder, while her mother also faces charges for concealing the alleged sexual offences.

However, during the course of investigations into the case, officials told Minivan News that the state had no choice but to press fornication charges against the minor after she confessed to having what she claimed was consensual sex with an unidentified man.  She now faces 100 lashes in public when she turns 18 – a sentence the President’s Office this week said it would try to avert amid growing international censure and debate over corporal punishment and reform of the country’s Sharia-based judicial system.

The case has led to intense global media scrutiny and an online campaign by petition website Avaaz.org, which gathered almost a million signatures in two days – more than the number of tourists who visited the country last year.

With Maldivian authorities and child protection bodies now in the global spotlight, Aneesa Ahmed, Chairperson for the Hope for Women NGO, said councilors from Shaviyani Atoll had been expressing concerns to authorities about the girl’s safety for several years.

Aneesa said the inaction of a wide variety of institutions in response to these concerns reflected the state’s failure “at every level” to try and protect from abuse.

“All institutions, including the counsellor – if she had one while being interrogated by police – failed, because I am told her case was reported as early as 2009,” she added.

Speaking on Thursday (March 21),  Atoll Council President Moosa Fathy said police had conducted numerous investigations into the girl’s situation since 2009 in response to concerns raised by councillors on Feydhoo.

However, Fathy said the girl had ultimately been left in the custody of her mother and stepfather even after she was found to pregnant. He blamed the “limited facilities” available to house and protect the girl, as well as a lack of budget, management and staff to shelter vulnerable young people.

“The police thoroughly investigated the matter, but the response of many organisations simply was not good enough,” Fathy said. “Even now the problem has not been solved.”

Fathy said that rather than blaming a single state or civil society organisation for the girl’s ongoing abuse, every institution charged with the girl’s care had to take responsibility for the matter.

“This girl needed special care. There are special shelters where she would have been safe, but I understand there is not enough budget or staff and general administrative mechanisms to run such programs,” he said.

Fathy said he had been raising concerns about the girl’s welfare for the last two years, and said he had also tried unsuccessfully to meet with former Gender Minister Dhiyana Saeed while she was still in her post to discuss the case.

Island uproar

Sources on Feydhooo have meanwhile told Minivan News that concerns had been raised by islanders since 2009 that the girl had potentially been the victim of sexual abuse not just by her stepfather, but a number of other unidentified men on the island.

However, the island council claimed the victim’s unwillingness to tell authorities about her alleged abuse meant she remained living with her mother and stepfather.

Island Councillor Ibrahim Naushaad told Minivan News that upon discovering the child was pregnant last year,  police and the Gender Ministry failed to remove the girl to a shelter.

“The police and gender ministry didn’t take responsibility or provide counselling to the girl,” he said. “The police and ministry investigated, but we don’t know what she said to them.”

Naushaad said the minor presently remained under the care of the Gender Ministry as she was unable to be returned to Feydhooo, as her biological father was being severely disabled and unable to support or look after his daughter.

“Same thing could happen again”

Naushaad alleged that several men on the island who were also believed to have had sex with the minor remained unidentified, leaving her at risk of further abuse should she return to the island.

“The Human Rights and Gender Ministry asked if they could send her back to the island, but I have explained that her father would be unable to look after her and keep an eye on her,” he said. “If they send her back here, the same thing could happen again.”

According to Naushaad, the minor was questioned by police on at least four separate occasions, but he said she had been unwilling to state whether she had faced sexual abuse from her family or other men on the island.

Sources on the island said that the perception was that the minor, along with her mother and stepfather, were believed to have been “lying” to police investigators.

Naushaad told Minivan News there remained concern among islanders that the girl had now been charged by the country’s court with fornication, after being found guilty of having sex with an unidentified partner.

“They did not identify who this man was and that is why we have concerns about what they are doing. This is not good,” he said.

Naushaad claimed the council done everything it could to try and take responsibility for the matter by continually raising concerns with authorities since back in 2009.

Legal review

After the minor was first charged with fornication in January, the government pledged to review the  use of flogging as a punishment and legal practices it claimed, in certain cases, criminalise victims of sexual abuse.

While there is no timetable for reforms to be put in place, President’s Office Spokesperson Masood Imad expressed hope on that punishments such as flogging would be debated and one day repealed.

“I’m sure when we debate [punishing suspects for fornication with lashes], we will find an acceptable solution for all parties,” he said.

The Maldives constitution does not allow any law contradicting the tenets of Islam, and the legal system defaults to Sharia law in areas not covered by common law.

The last statistics available from the Department of Judicial Administration on flogging sentences show that 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female.

A total of 129 fornication cases were filed in 2011 and 104 people sentenced, out of which 93 were female. This included 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

According to Maldivian law, a person found guilty of fornication is subjected to 100 lashes and sentenced to one year of house arrest or banishment while a minor’s flogging is postponed until she or he reaches 18.

History of selective enforcement

Masood noted that the Maldives had a tradition of turning away from practices such as the death sentence and forms of corporal punishment, even where these were proscribed in Sharia.

According to Masood, punishments such as removing the hand of a suspect in the case of theft had not been used since the 1960s.

He maintained that there was a history of reviewing the country’s relationship with Sharia law in the past and that a similar process could be had with the debate about flogging.

However, Masood said that all authorities involved in proposed legal reforms 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. “A certain amount of compromise may be needed.”

Masood said the state was committed to preventing the minor from facing her sentence, while also looking at the potential for reversing the use of flogging as a traditional punishment.

“The little girl will not be flogged for another two years, so we must look at what can be done [in the meantime],” he said.

However the conservative religious Adhaalath Party – the members of which largely dominate the Maldives’ Ministry of Islamic Affairs – has already publicly warned that “no one has the right to criticise any penalties specified in Islam.”

Quoting verses from the Quran, a statement from the party said that no citizen should be allowed to express ideas and opinions about a verdict made in accordance with the religion in a court of law in a 100-percent Muslim country.

The Adhaalath Party further cautioned that criticising issues such as the girl’s flogging sentence would “encourage enemies of Islam, create confusion among the general public and open up opportunities for people who aim to stop the practice of similar penalties commanded in Islam.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” the statement read.

The Prosecutor General’s (PG’s) Office has confirmed to Minivan News that it was not presently involved with any discussions over possible legal reforms of charges like fornication. Such a mandate lay with Attorney General Azinma Shukoor, the PG’s office said.

Shukoor, who was also recently appointed the current Acting Minister of Gender, Family and Human Rights, was not responding to calls from Minivan News at time of press.

Likes(0)Dislikes(0)