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Comment: A case for ‘institutional reforms’ in the Maldives

The January 16 arrest of Criminal Court Chief Justice Abdulla Mohamed, and the subsequent prosecution of former President Mohammed Nasheed and certain senior officials should now indicate the kind of ‘institutional reforms’ that the Maldives requires.

The current political impasse has had its immediate origins purportedly in the arrest of Judge Abdullah and may continue with subsequent criminal charges facing President Nasheed for his part in the detention. Therefore the need for addressing these issues is urgent.

Yet, this should be attempted with the full realisation that Rome cannot be built in a day, as the erstwhile ruling Maldivian Democratic Party (MDP) might have hoped for.

In all fairness, the political crisis leading to the controversial February 7 resignation of President Nasheed did not have its origins in the arrest of Judge Abdullah. Nor would it have been the end-game.

Yet, it purportedly alienated one more section of the Maldivian society, this time the legal fraternity. Some saw it as a diversionary tactic at best when the Nasheed Government was besieged by the political opposition. It gave an additional cause for the ‘December 23 movement’ of Islamic NGOs to press their demand for President Nasheed’s exit.

The movement from the very beginning had the blessings and participation of the otherwise diverse and at times desperate group of opposition parties in the country. This fact should not be overlooked either.

The arrest of Justice Abdulla by the Maldivian National Defence Force (MNDF), the nation’s armed forces, raises questions. So has the criminal case against President Nasheed and others.

The MNDF was created in 2004 by bifurcating the notorious National Security Service (NSS) under then President Maumoon Abdul Gayoom. This was done precisely with the intention of ending the misuse and abuse of the NSS, which at the time had policing powers, rights and responsibilities, as well. The bifurcation involved the creation of a Maldivian Police Force, which had the policing powers, and the MNDF was made the nation’s armed forces, as in any other country. But old habits did not die either then, or since.

Politicisation of security forces

Justice Abdulla’s arrest, those of two opposition leaders, namely, Abdullah Yameen of the People’s Alliance (PA) and Gasim Ibrahim of the Jumhoree Party (JP) in mid-2010, and also a day-long closure of the nation’s Supreme Court all involved the MNDF. Though these detentions should have stopped with the police.

Even after bifurcation of the NSS and the emergence of multi-party democracy, in that order, the Government is excessively dependent on the MNDF for law and order duties. At the institutional-level, the MNDF and the MPF have continued to take orders from the government of the day.

At the personal-level, this may have become possible only with top-level transfers with every change of government and change of ministers’ loyalty, leading to constant and confusing politicisation of the security forces in the country.

It does not stop there. Apart from President Nasheed and his Defence Minister, the Attorney-General had also named then MNDF chief, Major General Moosa Ali Jaleel, Brigader General Ibrahim Mohamed Didi, heading the troops in the national capital, and Colonel Mohamed Ziyad for the arrest of Justice Abdulla.

They were removed from their positions immediately after the Waheed Government took over. So was then Commissioner of Police of Male.

This was a repeat of the situation when President Nasheed assumed office. In the present case however, Brigader General Didi had played a key role in defence of Male when Sri Lankan Tamil mercenaries attacked Male in 1988. He was posted back to Addu City in the South after President Nasheed’s resignation, and lost no time in resigning from the armed forces after three-plus decades of service after the government moved the Hulhulumale court’. To the local media, he said that he did not want to compromise the dignity of his office and uniform by appearing as an accused in a civilian court.

Through the past months since President Nasheed resigned from office, the MDP has charged both the MNDF and police with being part of the conspiracy to overthrow his Government along with their political opponents.

Obviously, they have the respective leaderships of these forces at the time in mind. As they are also not tired of pointing out, elements within the two uniformed services had indeed joined the street-protests demanding his resignation since the night before he quit office.

This can demoralise the already demoralised forces. It could cause more problems than solving any, even as the nation is inching towards fresh presidential polls – either when due in the second half of next year, or earlier, as demanded by the MDP.

The circumstances under which President Nasheed resigned are the subject matter of an independent probe by a Commission of Inquiry (CNI), to which the MDP, as also the Commonwealth have named two members, since.

Pending the inquiry, the MDP has not stopped repeating those charges, or adding fresh ones, particularly with regard to the party’s street-protests to permit or regulate which there are no specific laws in the country. That way, a whole spectrum of legislation needs to be drafted or amended by Parliament, combining the demands of a modern nation with the customs and traditions that have the sanction of law, as elsewhere.

Conflict of interest

Various charges of misconduct and maleficence had been laid against Justice Abdulla prior to his arrest. At present, Presidential Advisor, Dr Hassan Saeed had laid out charges against Justice when he was the Attorney-General under President Gayoom.

The Supreme Court, a creature of the 2008 Constitution, too had occasions to pull him up. So did the Judicial Services Commission (JSC), another controversial institution in which the ruling Maldivian Democratic Party of President Nasheed did not have faith in despite its constitutional character.

Throughout the period of Justice Abdulla’s detention during the Nasheed regime and after his release and resumption of office under the incumbent dispensation of President Mohammed Waheed Hassan Manik, the MDP has claimed that he was a ‘threat to national security’. This was at variance with -or, was it in addition to the earlier allegations against Justice Abdulla?

If the new charge was true, the MDP Government did not substantiate it. If it were true still, the question arises how a successor Government could take a narrow view of things and order the judge’s release and immediate reinstatement.

The recent report of the Maldivian National Human Rights Commission (NHRC) says that Justice Abdulla had to undergo mental torture and harassment in detention, and efforts also were made to persuade him to leave the country. It ruled out physical torture of any nature, however.

As promised on assuming office, the new Government has since moved the courts, charging President Nasheed, Minister Tholhath and three senior military officials of the time, among others, with unlawful detention of Judge Abdullah. To pre-empt charges of ‘conflict of interest’ the Government moved the Magistrate Court in suburban Hulhulumale Island, off the national capital of Male, where Justice Abdulla is seated.

However, the magistrate ruled that he could not assume jurisdiction to try the case without Chief Justice Abdulla assigning the same, and the Judicial Services Commission too endorsed it. The Magistrate has not dismissed the petition but has only returned the same to the Prosecutor-General’s office, with the indication for the latter to rectify the process.

It was commendable that the Government had thought about the possibilities of ‘conflict of interest’ issue being whipped up if Justice Abdulla had tried this case. Yet, judicial systems across the democratic world dictate that such charges are laid by the other party to a criminal case. Better still, in most such cases, the Judge concerned would recuse himself when the situation so demanded.

The short-cut approach adopted by the Government should be seen as a part of the institutional weakness that haunts the process. As such, no motives need to be attributed to the same at this stage, to that limited extent again.

Banishment as a punishment

It is likely that the Government will revive the case against President Nasheed at the appropriate judicial forum. If courts found him guilty, President Nasheed would be barred from contesting elections. Already, the MDP has declared that the party would not participate in any presidential polls where President Nasheed is barred from contesting. Be it as it may, the law relating to the offence for which President Nasheed is being charged with is a fit case for review and reform, it would seem.

The section provides for ‘banishment’ for a term, or imprisonment for three years, or a fine of Rf 2000. If sentenced to more than 12 months, President Nasheed cannot contest elections until after the completion of three years, or he has been granted a pardon (by the President).

It is very likely that no other democracy, and certainly not in the South Asian region, still has ‘banishment’ as a part of its penal provisions. In the Maldives, not only banishment but ‘house arrest’ also continues on the statute book, as a punishment for crimes. Contemporary history is replete with instances where either or both punishments have been freely handed down to political adversaries of the Government, since the pre-democracy days, dating beyond President Gayoom’s 30-year rule.

Other areas of law, like banking, labour all need to be updated. The same can be said for legislation outlining migration and property too.

The MDP that has been talking vociferously in favour of fast-tracking legal and judicial reforms has been concentrating mostly on individuals, not necessarily institutions and certainly not processes, which alone add to the value of democracies.

Other parties are not doing that either. They seem to derive comfort from the status quo, not necessarily because they favour it but mostly because the complexities of the social and political issues that such reforms could throw up may be too much for the polity to address. Conversely, the reforms process thus far has introduced institutions that are superfluous for a nation of 350,000 people. The number of commissions serving and servicing the Government employees, including the police, is a case in point.

Yet, neither has the credibility of the ‘integrity commissions’ been ensured, nor have they been allowed to settle down without continued criticism of their functioning.

The MDP calls it ‘institutional reforms’, the new Government of President Waheed says there is need for ‘institutional empowerment’. In relation to institutions like the higher judiciary, enough time has not been given for either.

The Supreme Court itself is a creature of the new Constitution, and the law provides for a seven-year term for ‘capacity-building’ in judiciary across the country. No efforts seem to have been made in this regard, nor any attention known to have been given on the kind of reforms or empowerment that is needed, and methods of doing it within the seven-year period.

After the change of leadership, both sides seem to have stopped talking about their respective positions on the issue. The All-Party Roadmap Talks was set up to address such issues, but it has grabbled only with trivial issues, in comparison.

Discussing trivia, instead

There needs to be a greater realisation in all sections of the nation’s policy and society that democracy is not a half-way house, to be built, abandoned, and re-built at whim. It is an evolutionary process, with which individual societies experiment a perceived format and make adjustments and amendments as their nation’s circumstances demanded.

There are no successful models, or failed models in democracies, for an intended democracy to pick off the shelf and display the wares. It has to be meticulously worked upon, brick by brick.

A generation can at best lay strong foundations, but it would be for the future ones to build upon it, brick by brick, floor after one more floor. There would be no finality still, as democracies evolve and need to evolve with the new generation, lest they should be rendered redundant and be described as ‘autocracy’ of some kind or the other.

That has also been the Maldivian experience, through much of the 20th century. The advent of a new generation, a new century does not make for the experience. It can at best be a cause for experimentation. In all this, a nation’s patience is the key.

It is not that the current crop of leaders in Maldivian polity does not understand. The agenda for the Roadmap Talks that they agreed upon after the change of Government in February focusses on much of what needs to be done.

The prioritisation of the agenda also underscored their understanding of the evolving situation, overall. Yet, on the ground, they are talking politics, not policies. This does not mean that the events leading up to the February 7 resignation of President Nasheed need not be gone into.

It is not about individuals again, but about institutions, including the Presidency and the armed forces, in situations that the Constitution-makers had not provided for but wanted to avoid in the first place. The findings of the CNI could thus form a part of the Roadmap agenda, as much needs to be done on institution-building, all-round, if the new-generation Maldivian dream of democracy has to be nourished and cherished.

The writer is a Senior Fellow at Observer Research Foundation

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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MDP publicises text messages allegedly received by Defense Minister Nazim on Feb 7

The ousted Maldivian Democratic Party (MDP) has publicised a document listing a series of text messages allegedly sent to Defense Minister Mohamed Nazim’s phone following former President Mohamed Nasheed’s resignation on February 7.

The retired colonel was a central figure in Nasheed’s downfall. Video footage on February 7 show Nazim addressing police and military officers gathered in Republican Square, saying he had delivered an ultimatum on their behalf demanding Nasheed’s resignation.

Nasheed subsequently held a press conference at 1:30 pm on February 7 and publicly announced his resignation. Video footage shows Nazim accompanying Nasheed into the press briefing. Shortly afterwards former Vice-President Dr Mohamed Waheed Hassan was sworn in as President. Nazim was among President Waheed’s first cabinet appointments.

Nasheed later claimed he had left office “under duress” in a coup d’état orchestrated by remnants of the former dictatorship, funded by several resort interests and carried out by mutinous police and military units.

The text messages, publicised on Sunday night at a MDP rally at Usfasgandu, were allegedly sent to Nazim’s phone between 9:52 am and 4:44 pm on February 7. They appear to offer congratulations from security forces, family members, prominent businesses including tourism tycoon Ahmed Nazeer of Crown Company Pvt. Ltd., and prominent politicians including Deputy Leader of the Progressive Party of the Maldives (PPM) Umar Naseer. The document also claims Majlis Speaker Abdulla Shahid sent a message to Nazim at 1:42 pm stating “Need to talk urgently.”

Nazim declined to comment to Minivan News, stating that his lawyers were in the process of verifying the document’s authenticity. Minivan News’ cross-check suggests a match between the phone numbers and their registered owners as listed on the document.

According to the document, three phone numbers registered with the Crown Company Pvt. Ltd offered congratulations to Nazim. Tourism Tycoon Ahmed Nazeer allegedly said at 1:28 pm: “Congratulations. Once a soldier, always a soldier. Keep up the good work, but don’t go overboard. Thanks and regards, Nazeer.”

A Malaysian number which the MDP claims belongs to retired MNDF Lieutenant General Anbaree Abdul Sattar at 4:39 pm said: “Heartfelt congratulations. I pray Allah gives you the patience and wisdom as you proceed to be magnanimous and be mindful of the vow you have made to uphold the constitution and the constitution of the Maldives, Anbaree.” Anbaree had also served as former President and ruler of 30 years Maumoon Abdul Gayoom’s Ambassador to India.

Deputy Leader of PPM Umar Naseer at 2:51 pm allegedly says: “Extremely grateful for your service in saving this country and its religion, thank you, Umar Naseer.”

Speaking to Australia’s SBS journalist Mark Davis in February, Naseer had said Nazim had called him to request permission to negotiate with Nasheed on behalf of the then-opposition. Naseer also said he had been working from “a small command center where we do all the protests.”

Several security forces personnel also allegedly sent text messages to Nazim thanking and congratulating him for his role in Nasheed’s resignation.

A text message from retired Deputy Commissioner of Police Abdul Shakoor Abdulla said: “Allah Akbar Allah Akbar Akbar Alh’amdhu Lillah. Congratulations! Abdul Shakoor Abdulla Rtd. Dy Com of Police.”

Abdulla Junaid, an MNDF Sergeant, allegedly texted: “Was very happy to see you among the soldiers. Congratulations sir. Regards Junaid,” whilst a number registered with Lieutenant Colonel Zakariyya Mansoor reportedly sent a text message saying, “Congratulations, Mansoor.”

Another text message from a man identifying himself as “Riya” from an unlisted number said: “Moosa Jaleel’s 15 year savage reign is now over. I was one of those forced to resign. I am really proud to say I’m done STF with you in same platoon. Congratulations, Riya, five rises.” Moosa Jaleel was Chief of the Defense Forces under Nasheed. He resigned shortly after President Waheed took his oath of office.

Two text messages also appear to discuss details of then VP’s movements and logistics for a press conference. A number registered with the MNDF at 2:51 pm says: “Sir vp getting ready to move to majlis,” while a man identifying himself as Colonel Adurey at 3:21 pm asks when media briefing should be scheduled.

Family members also appear to have texted Nazim on the day. A number belonging to Abdul Majeed Ahmed says: “Dear nazim, Most welcome n prosperity I am proud of you. regards, Bappa [father].”

MDP Spokesperson Hamid Abdul Gafoor said the texts were evidence that the “coup was pre-planned and executed to stakeholders’ satisfaction.”

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Aasandha finances almost depleted: MD Shafaz

The government-owned corporation running the Aasandha universal health insurance scheme has warned that is nearly bankrupt, reports Haveeru, following a delay in payment by the government.

Aasandha Mohamed Shafaz was reported as saying that the last payment received by the corporation was in February.

“Earlier the Finance Ministry used to give us around four payments every month. But since February we are yet to receive a single payment. They have said that they would make the payments soon. At present we are using our own funds to cover Aasandha expenses,” Shafaz was reported as saying.

Asandha payments to government institutions had been halted, he said.

“We are only making payments of private and institutions in the islets. The reason is that if the islets don’t receive payments the services in the entire island would be disrupted,” he said.

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“This is not a democracy”: Vice President Deen

Vice President Mohamed Waheed Deen has demanded that the Maldivian Democratic Party (MDP) take responsibility for the murder of Lance Corporal Adam Haleem, following the stabbing murder of the police officer last night.

Speaking to local media following the murder, Deen claimed the country’s situation had gone “beyond tolerable levels”, and said the Maldives was “no longer a democracy”.

Referring to attacks on police during MDP’s ‘direct action’ protests, Deen claimed that the party was “preventing the democratic process” of the country.

“Now the [situation] in this country has gone beyond tolerable level. This is not democracy, this isn’t democracy at all,” he said.

“I believe those who are encouraging people to carry out attacks on the police are now trying to prevent and obstruct the democratic process of this country. Therefore I do not believe in the activities that [the MDP] are carrying out,” he added.

Deen said that he condemned the “cowardly and ruthless” attack on lance corporal Haleem on strictest terms.

Dean also told the local media that following the incident, a meeting of Crime Reduction Taskforce would be held today to decide against whom action would be taken.

He said that the government would not step back following such actions and reiterated that the government would not be deterred from bringing those that were behind the crime to justice.

“I want to encourage the police officers, don’t you back down! There are some wrong perceptions of the Maldivian police and the military in the international community. But we will face that as well and we will take necessary measures. This is the country of the Maldivian people. This government will not allow any international party to unduly influence this country,” Deen assured.

Murder

26 year-old Lance Corporal Adam Haleem was stabbed to death on Kaashidhoo island in Kaafu Atoll on Sunday night.

According to a police statement, the incident took place around 12:00am while Haleem was on his way to report for duty.

The person suspected of killing the police officer is now under arrest, the statement reads. However, police have not identified the suspect or revealed any further details surrounding the murder.

Local media meanwhile has identified the suspect as Samah, a person with prior criminal record, and has reported that he was released to house detention on Sunday following a two day arrest over an assault case.

Health officials from Kaashidhoo Health Center have told local media that Lance Corporal Haleem suffered serious nine-inch deep stab wound to the chest in the attack.

They also confirmed that he was alive but in critical condition when brought to the hospital, and that he died soon afterwards while undergoing treatment.

The process is underway to move the police officer’s body to capital Male’. Haleem, from Kethi house on the island Kaashidhoo, was a husband and father of a one year-old baby.

Haleem’s body has been brought to capital Male’ this morning for further analysis and the police has said that an official funeral will be held in Male’ to bury the deceased.

President Dr Mohamed Waheed Hassan Manik condemned the attack on Twitter.

“Strongly condemn the killing of a policeman while on duty. Enough of hate mongering against officers of the Law.” He tweeted.

Dr Waheed added in another tweet that there should be “no excuses to kill anyone let alone policemen on duty. Shame on cowards hiding behind anonymity and inciting violence.”

He has also ordered the national flag to be flown at half staff for three days in honor of the slain police officer.

Condemnation

Following the death of lance corporal Haleem, Human Rights Commission of the Maldives (HRCM) and Police Integrity Commission (PIC) issued statements condemning the attack and called on the authorities to take action to ensure the killer is brought to justice.

HRCM condemned the attack on “strictest terms”.

“It is understandable that this attack will impact the security services of this country. This commission extends condolences to Maldivian Police Services and also encourages the police to stay determined in their legal duty. We also call on the authorities to investigate the attack and ensure those responsible are brought to justice as soon as possible,” read the statement.

HRCM also highlighted the importance of all the authorities jointly working towards preventing such attacks in the country and called on people not to encourage such attacks against police.

The PIC in a short statement condemned the attack and conveyed condolences to the family of the victim.

The opposition MDP has also condemned the attack in a statement released today.

The party also described the politicising of the attack by some political figures as “cowardly”, and called on them to stop using it for political gain.

“This party sees the attempts by some political figures to politicise the attack on lance corporal Haleem for political gain as a cowardly act. We call on the authorities to investigate the matter properly and ensure that those behind this attacks be brought to justice and given the strictest punishment,” read the MDP statement.

Former President Mohamed Nasheed also joined President Waheed in condemning the attack.

“[I] Condemn the tragic murder of the policeman in K.Kaashidhoo in the strongest possible terms,” he tweeted.

The incident has also lead to many individuals condemning the attack on social media and conveyed condolences to the family of the murdered.

Funeral prayers for Lance Corporal Haleem are to be held today after the Asr prayers in the Islamic Centre. He will be buried in Galolhu cemetery after an official funeral ceremony.

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Home minister uncertain over Majlis support to enact death sentences

As parliament faces requests to ensure the death penalty is carried out when administered by the courts, Home Minister Dr Mohamed Jameel Ahmed has said it was presently impossible to know the level of support within the Majlis for such an act without voting on the matter.

Local media, citing the home minister, reported yesterday that a letter had been sent to parliament requesting that death penalties assigned by the country’s courts be enacted in future. In previous cases where the death sentence had been favoured as a punishment by the judiciary over the past 60 years, the state has intervened to commute such verdicts to life imprisonment (25 years) instead.

Following the murder of a 26 year-old police officer yesterday on Kaashidhoo island in Kaafu Atoll – the eighth recorded homicide recorded this year in the Maldives – Dr Jameel, Attorney General Azima Shakoor and other prominent lawyers and lawmakers have publicly endorsed their support for implementing capital punishment to deter similar crimes.

According to a police statement, Lance Corporal Adam Haleem was suspected of having been attacked around midnight while on his way to report for duty.

Speaking to Minivan News, Dr Jameel said that amidst an issue of “general concern” concerning violent crimes being committed in the country, current statutes adopted in the Maldives failed to provide “guiding principles on the implementation” of the death sentence.

One recent high-profile case regarding the death penalty has been seen in the murder of lawyer Ahmed Najeeb. On Thursday (July 19), Ahmed Murrath, 29, and his girlfriend Fathimath Hana, 18, were both sentenced to death after being found guilty in the Criminal Court of each having a role in Najeeb’s death.

The couple were arrested and charged with Najeeb’s murder after his body was discovered by police at Maafanu Masroora house, (Murrath’s residence) in early evening of July 1. The badly beaten body was found stuffed inside a dustbin with multiple stab wounds.

Responding to the trial’s conclusion last week, the government said it expected both verdicts to be commuted to life imprisonment (25 years) pending the outcome of a cabinet consultation – as his been the case with all other death sentences administered by the courts over the last sixty years.

With parliament already reviewing a proposed amendment that would make the enforcement of capital punishment mandatory, should it be upheld by the Supreme Court, Dr Jameel said he personally had no say on the outcome of a sentence already passed by the judiciary.

“I do not believe that the home minister has got any discretion to decide whether to implement or not to implement any sentence after it is delivered by a court of law,” he said.

Ask whether he believed that President Waheed would opt to commute the sentences passed to Murrath and Hana, Dr Jameel claimed that where alternative punishments were available for certain offences, it was possible in these cases to commute a punishment.

“However, in [regards to the] death sentence it is not clear whether this option is available or not,” he said.

When also considering the potential method of execution to be used on convicted criminals facing the death penalty, Dr Jameel contended that present statues failed to provide any procedures on how to implement such sentencing should parliament opt to uphold such verdicts.

“In the case of death sentences, the statutes do not provide procedures for its implementation, hence, where a death sentence exhausts all stages of the criminal justice process, a question of implementation arises that will still require implementation procedures to be enacted by legislation,” he said. “Currently, the statutes do not provide guiding principles on the implementation of this form of punishment.”

Commuted sentence

In addressing the sentences given by the court, the government said that President Dr Mohamed Waheed Hassan would be consulting with his cabinet and Attorney General Aishath Azima Shakoor over the verdicts.

President’s Office Spokesperson Abbas Adil Riza told Minivan News last week that while consultations on the matter would be held, he did not expect a “departure” from the long-standing state policy of commuting death sentences to life imprisonment.

“There has been pressure from certain groups to uphold death sentences, but I do not think these calls are in line with the will of the Maldivian people,” he said. “The president will also have to look into our obligations under the various international treaties we have signed.”

Earlier this month, the UN Human Rights Committee (UNHRC) asked the Maldivian state to enact legislation to officially abolish the death penalty as part of a wider review of human rights commitments in the nation.

“The state itself has admitted that capital punishment does not deter crime,” the statement noted.

Parliament review

Despite such calls, Chief Justice Ahmed Faiz said the death penalty could be executed within the existing justice system of the Maldives.

The chief justice told local media that Maldives legal system, being based on Islamic Sharia, allows the death penalty to be implemented.

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Police officer stabbed to death

A police officer was stabbed to death on Kaashidhoo island in Kaafu Atoll on Sunday night.

According to a press statement released by the police, the victim was identified as 26 year-old Lance Corporal Adam Haleem, who was attacked around 12:00am while on his way to report for duty.

The person suspected of killing the police officer is now under arrest, the statement reads. However, police have not identified the suspect or revealed any further details surrounding the murder.

Health officials from Kaashidhoo Health Center have told local media that Lance Corporal Haleem suffered serious stab wounds in the attack, including a nine-inch deep stab wound to the chest.

They also confirmed that he was alive but in critical condition when brought to the hospital, and that he died soon afterwards while undergoing treatment.

The process is underway to move the police officer’s body to capital Male’. Haleem, from Kethi house on the island Kaashidhoo, was a husband and father of a three month old baby.

While more details into the fatal stabbing have yet to unfold as the investigation gets underway, with a special forces team dispatched to the island, social networks and media are swarming with comments from cabinet ministers and government-aligned politicians blaming the ousted former President Mohamed Nasheed and his Maldivian Democratic Party (MDP) for the attack.

President Dr Mohamed Waheed Hassan Manik updated his official Twitter account saying he “strongly condemn the killing of a policeman while on duty. Enough of hate mongering against officers of the Law.”

Dr Waheed added in another tweet that there should be “no excuses to kill anyone let alone policemen on duty. Shame on cowards hiding behind anonymity and inciting violence.”

He has also ordered the national flag to be flown at half staff for three days in honor of the slain police officer.

Though Dr Waheed did not explicitly blame the former ruling party, his spokesperson Masood Imad soon went on to claim on Twitter that “LCoporal Adam Haleem has been stabbed to death by MDP sympathisers. This is the result of Mr Nasheed’s call for inciting violence & hatred.”

Home Minister Dr Mohamed Jameel Ahmed also had tweeted that the “murder of police officer came after continuous attack on police force by MDP, calling entire police force traitors.”

In another tweet, Jameel also said that “evidence available to police [which] exposes MDP top leadership calling for violence against the police force.”

Jameel told local media that he had spoken to the father of the victim over the phone, who had requested police to finish the investigation soon and impose death penalty for his son’s murderers.

Lance Corporal Haleem’s murder is the eighth recorded homicide in the Maldives this year alone, and comes just a day after the Criminal Court sentenced to death a young couple charged with lawyer Ahmed Najeeb’s murder.

Government-aligned Jumhoree Party (JP)’s member Abdullah Jabir, who won the Kaashidhoo constituent seat in the recent by-election, told local media Sun, “this incident is a result of lies spread by MDP to incite hatred against police officers.” He further pledged to work within the parliament to do everything necessary to prevent such an attack from repeating.

Several unconfirmed claims surfacing over social media meanwhile claim that the arrested suspect is a JP supporter and is married to a relative of Jabir. Minivan News have not been able to verify the authenticity of these claims so far.

Meanwhile in a tweet, former President Nasheed expressed sympathy for the victim, condemning “the tragic murder of the policeman in K.Kaashidhoo in the strongest possible terms”, but stopped short from responding to any accusations.

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Waking up to ‘Greenwashing’ in the Maldives: Huffington Post

“Earlier on this month I found myself in the Maldives for hotel reviews and was outraged by the gap between President Nasheed’s ‘carbon neutral promise within a decade’ and the reality that I was faced with,” writes Rooksana Hossenally for the Huffington Post.

“Following the Maldivian government’s ministers’ highly-mediatized underwater conference in October 2009, a conference with the aim of highlighting the pressing environmental issues with regards to the sinking archipelago, I must say that when my editor announced that I would be jetted off to some of the most dazzling islands in the world, I was keen on getting a sample of this forward thinking.

Upon return however, the Maldives, as beautiful as the islands are, left a sour taste in my mouth as far as the environment is concerned. My visit only confirmed that the president’s environmental avant garde-ism is a nothing more than a marketing ploy to get himself in his people’s good books.

My trip lasted three weeks and my skepticism about President Nasheed’s wonderful ideals was far from overruled by what I saw. Going carbon-free is not only impossible for the Maldives, but it would severely penalize the country’s main industry: tourism, which would, needless to say, cause the Maldives to slip into dangerous financial waters, in addition to the already rising sea levels around the islands.

A little harsh of me, you might be thinking — let me explain. Going carbon neutral in the Maldives would require offsetting to a monumental degree. First, the only way of getting around the archipelago’s 26 atolls of 1,192 islands is by boat or plane. The President’s objectives are without doubt perfectly admirable, but how does he imagine the tourism industry functioning without transport?”

Nasheed resigned “under duress”, security forces “more like militia”: Danish legal experts

Former President Mohamed Nasheed resigned “under duress” in a “coup d’état” on February 7, a report by Danish legal experts has concluded.

The report, titled “Arrested Democracy,” was compiled at the request of Nasheed’s Maldivian Democratic Party (MDP), and authored by an independent team of international lawyers and human rights experts headed by Associate Professor of International Law at Copenhagen University, Anders Henriksen.

It analyses the legality of Nasheed’s resignation under international law and the subsequent actions taken by the security forces against anti-government protesters, and is based on testimonies collected during a field visit in June 2012, as well as news articles, written materials and video footage.

Whilst the report concluded Nasheed was ousted in a coup d’état, the authors could not determine “with absolute certainty” whether the coup was pre-planned. However, the report finds “the factual circumstances surrounding the resignation of President Nasheed extremely damaging to the credibility of the new government and its claim that it did not instigate the transfer of power in the Maldives.”

The report further states that new President Dr Mohamed Waheed Hassan’s refusal to hold new elections “violate the right of the Maldivian people to democratic governance as manifested in Article 25 of the United Nations Covenant on Civil and Political Rights and in the right to self-determination.”

It also condemned and detailed a number of human rights violations committed by the Maldivian security forces, observing that “since the transfer of power the Maldivian security forces seem to have acted more like a militia for the new government than as a neutral police service for all Maldivians.”

Security forces have violated rights to freedom of association, speech, and assembly and right to personal security “by resorting to excessive use of force; discriminating against protesters based on their viewpoints; restricting demonstrations without a legitimate reason and for failing to distinguish between those protesters that cause trouble and those that are peaceful,” the report said.

Noting that no security official has been held accountable for human rights abuses since the controversial transfer of power, the authors stated that the Maldives government must take the “overall responsibility for the human rights violations in the Maldives over the course of the last six months.”

Recommending fresh elections to resolve the current political crisis in the Maldives, the authors state: “The new government must call for new elections and it must do so rather sooner than later. The longer it waits, the longer it prevents the Maldivian people from determining their own future.”

Members of the MDP have released two reports concerning the transfer of power on February 7. A report produced by former Environment Minister Mohamed Aslam and former National Security Advisor Ameen Faisal in June outlined what the MDP government knew of the then-opposition’s plan to topple the government by soliciting “about 500 police officers” to mutiny against Nasheed’s administration. A few days later, MDP lawyer and MP Mariya Ahmed Didi released a report outlining criminal charges against President Dr Waheed, arguing he had played “a pivotal role” in the “unlawful overthrow” of Nasheed’s administration and in doing so had violated Article 30 of the Penal Code.

Coup d’état

Nasheed had no choice but to accept a demand for his resignation on February 7 following “the revolt by the Maldivian Police Services and the seemingly unwillingness or inability of the Maldivian Military to restore law and order,” the report states.

“We conclude that President Nasheed resigned as President of the Maldives under duress, and that his resignation cannot be considered voluntary or otherwise ‘in accordance with law,’” the report observes, and goes on to state; “To the extent that a ‘coup d’etat’ can be defined as the ‘illegitimate overthrow of a government’, we must therefore also consider the events as a coup d’etat.”

Although the authors could not conclusively determine whether the coup was pre-planned, they argue that “it should not be for the opposition to prove that the new government under the presidency of Dr. Waheed orchestrated the forced resignation by President Nasheed, but rather for Dr. Waheed and his new government to prove that they did not.”

The report calls for early elections, stating that elected politicians must consult their constituents in time of extraordinary crisis.

“When the elected politicians have a valid disagreement on the political legitimacy of the democratic process and when that disagreement threatens to jeopardize the entire constitutional system, it should be for the people – and not simply the ruling politicians themselves – to decide on the direction society should take,” the report states.

“More like militia”

The report details human rights violations committed by the security forces since the transfer of power and said the security forces acted “more like a militia for the new government than as a neutral police service for all Maldivians.”

Maldivian security forces have violated the rights to freedom of speech, association, assembly and the right to personal security by resorting to excessive force, the report states. It further argues that such violations have made protesters reluctant to exercise their legitimate rights.

“We find, in other words, that the acts of the security forces have had a ‘chilling effect’ on the enjoyment of fundamental freedoms in the Maldives.

“The reported conduct of the security forces does not correspond with their obligation to allow protests to take place unless compelling information offers a legitimate reason for restriction. Indeed, when judged by the information available, it seems as if the security forces have been more focused on repressing demonstrations rather than ensuring the safety of the participating individuals,” the report notes.

Security forces have used “excessive and indiscriminate use” of batons and sticks, pepper spray and tear gas, and if such instruments have been used for no apparent reason, then “the security forces may very well have violated the prohibition against inhuman and degrading treatment under the UN Covenant on Civil and Political Rights and the UN Convention against Torture,” the authors said.

The report claims the security forces’ targeting of anti-government protesters “appear to be systematic and not just the result of sporadic acts of ill disciplined officers.”

“Some responsibility for the worsening human rights record among the security forces must rest with the leadership of these forces who have clearly failed to make sure that their personnel have discharge their duties in compliance with applicable democratic and human rights standards. The security forces do not appear to operate under a coherent and well-principled policy for the use of force policy and there also seems to be lack of comprehensive protocol governing the treatment of protesters and the handling of public demonstrations.

“Overall responsibility for the numerous human rights violations in the Maldives over the course of the last six months must however, rest with the new Maldivian government who are ultimately responsible for the acts perpetrated by its security agencies. The government appears to have taken no concrete actions in order to stop the violence against the anti-government protesters nor has it distanced it from it.

“In a controversial move, the government has actually just recently allowed for the introduction of new types of non-lethal weapons, including the use of electroshock taser-guns and mace spray, for use by the Maldivian security forces,” the report observes.

The authors also criticize the Maldivian Human Rights Commission (HRCM), claiming that although the commission is “competent to look into complaints of human rights violations, in the Maldives, we are not entirely persuaded by their willingness and ability to condct sufficiently thorough investigations of the events that have occurred in the Maldives since the transfer of power.”

The authors recommend “fundamental democratic reform” of the Maldivian security forces, claiming that the two institutions were not immune from manipulation and exploitation by influential political actors. “Both institutions clearly suffer from a lack of basic understading of their proper role in a democracy,” the report stated.

In addition to Henrikson, Attorney-at law, LL.M., Rasmus Kieffer-Kristensen, and Asia-expert & Senior Policy Fellow Jonas Parello Plesner participated in authoring the report.

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CCHDC backs sex education in schools to combat rising sexual health problems

Age appropriate sexual and reproductive health education needs to taught in schools to combat the increasing “sexual health illnesses” in the Maldives, according to the Centre for Community Health and Disease Control (CCHDC).

CCHDC’s Public Health Programme Coordinator Nazeera Nazeeb revealed that studies have found high risk behaviors young people – including “unprotected sex, drug and alcohol abuse, homosexuality and prostitution” – are putting them at high risk of sexually transmitted diseases and HIV risk.

During a rapid situation assessment of drug abuse in Maldives in 2003 conducted by the Narcotics Control Board it was found that as many as 75 percent of youth surveyed have had reported having at least one sexual experience by age 21. In 2005, a similar outcome was derived in a Youth Ministry survey, which showed that 14 percent of males and five percent of females under the legal age of 18, admitted to being sexually active.

In both of the unpublished surveys many adolescents and youth reported their sexual encounters were “without condom use”, the basic defense against sexually transmitted diseases (STI), HIV and unwanted pregnancies.

Meanwhile, in 2008 Biological and Behavioral Survey (BBS) conducted among the five most-at-risk groups – including seafarers, men having sex with men, adolescent youths commercial sex workers, and injecting drug users – further highlighted the magnitude of vulnerability these group face.

The report noted that unprotected sex with multiple partners is prevalent among these high risk groups and that the sharing of unsteriled needle and syringes is common among drug users. This study also found risky behaviors among the 15-17 year olds and the older youth, including buying and selling of sex for money often to finance drug use habits, sex with non-regular partners, pre-marital sex, group sex and injecting drugs.

The first anticipated outcome of these high risk behaviors were recorded in a report releases by CCHDC in 2011, which states 18 HIV positive cases were detected and over 400 cases of STIs in 2010, of which 97 percent cases involved women.

Detected STIs included chlamydia and gonorrhea – both conditions that can cause infertility if left untreated.

In addition to the heightening figures on sexually transmitted diseases, Najeeb leading the reproductive health unit of CCHDC said that the centre is witnessing an alarming increase in cases of underage and unplanned pregnancies where some girls are getting pregnant “without even knowing it”.

“These unwanted pregnancies are subsequently resulting in more unsafe abortions, baby dumping or infanticide,” she noted.

In last two years, three newborns have been found dead and two alive. The dead infants included two fetuses, one hidden in a milk tin and the other at the bottom of Male’s municipal swimming pool, while another fully-developed baby was thrown into a park having apparently been strangled by the underwear tied around its neck. Two babies were found abandoned and alive, and have now been placed under state care.

During the five year anniversary of IGMH’sFamily Protection Unit (FPU) in 2010, the hospital officials revealed that a total of 121 unmarried pregnancies were reported to the unit involving several women and girls as young as 14.

Unless it is proved that the conception is the result of rape or that the pregnancy is a threat to the mother’s health, these mothers do not have the legal right to abortion and are forced to take extreme measures due to the stigma of having a child out of marriage.

Speaking about the figures at the time, leading gynecologist at IGMH Dr Aseel Jaleel acknowledged that in such cases pregnant mothers often attempt self-induced abortions, which pose great risks to the mother’s life and pose potential fertility problems later in life.

He reported that two women had died that year from unsafe abortions.

Meanwhile, Najeeb adds: “Not just that, sexual violence committed against girls such as sexual abuse and rapes, remain at alarmingly high levels. “In most cases, abused girls did not even know what happened them, because no one talks to them about it.”

FPU reported that the centre received 42 cases of rape over the five years, of which over half involved minors. Authorities observe that several more cases are likely to be under reported from the Male and especially from the islands which accommodate two thirds of the Maldives’ 350,000 population.

In 2008 the Global School Based Student Health Survey (GSHS) conducted among 1516 students from secondary school signaled an astonishing amount of sexual violence: 17 percent students reported being “physically forced” to have sex.

Furthermore it found high rates of alcohol consumption (6.7 percent) and life time drug use (5.7 percent) while, almost 20 percent of students surveyed reported having suicidal tendencies.

FPU had reported that in cases of rape and abuse, victims often attempt suicide or suffer grave emotional trauma and found an evident connection between substance abuse and gender based violence.

Despite these eye-opening findings and anecdotal evidence on sexual health problems, Najeeb said that many parents feel reluctant to talk to their children about sex and drugs, while the current school curriculum provides little to no information about reproductive health, leaving adolescents and youth unguarded and vulnerable.

In an effort to provide such information, she said that Life Skill Education (LSE) program and the Youth Health Cafe’ program was initiated by the authorities, but over the years both remained active only on a small scale and had not been successful in expanding systemic outreach to vulnerable groups.

When asked whether incorporating compulsory sex education into Maldivian education system could be a solution, Najeeb responded that “adolescents must receive age appropriate reproductive health education in schools.”

She explained: “Students, except for those studying biology, have little to no information about their reproductive system. In school Islam lessons they teach students about marriage, divorce, cleansing, fornication. They are telling kids what is Haram [forbidden] and Halal [allowed]. But they are not teaching kids about the ramifications of those acts [sex] and reasons for it being forbidden.”

“Teenage years are a very explorative and experimental age. At that age, if the adolescents are not taught about the sexual and reproductive health and ramifications of high risk behaviors such as unprotected sex and drug abuse, they are likely to be more vulnerable and go astray,” Najeeb further noted.

She admitted that the suggested sex education programs in schools was a controversial subject, considering the religious and cultural background of Maldives, a 100 percent Muslim nation.

Therefore, she said authorities must together consult and come to a consensus on the subject of supporting adolescents and youth to protect their bodies and lives.

“We need to take action together. This is not a problem we can solve alone,” Najeeb concluded.

Meanwhile, in an interview to Minivan News, Former Minister for Gender and Family Aneesa Ahmed also echoed Najeeb’s suggestions: “If we can teach children about nose and ears, why can’t we teach them about their sex organs in an age appropriate manner? There is absolutely no shame in it. After all, it is also part of the human body.”

“Today the scale of of sexual abuse, unwanted and underage pregnancies, abortions and infanticide in the community has gone to extreme levels. Everyone needs to take responsibility for this. Parents, schools and the society as a whole,” said Aneesa, recipient of this years’ US State Secretary’s Women of Courage Award.

Young girls and boys need to be educated about their responsibilities, and given means to guard their bodies and dignity, she added.

Before assuming office as Health Minister, Dr Ahmed Jamsheed, the former Director General of the CCHDC, also publicly stated his support for sex education in schools.

In a blog entry in 2010, he wrote that broader reproductive health should be taught in the schools, either incorporated to the curriculum or as a separate programme.

He wrote: “I believe that we should introduce a comprehensive sex education programme in an appropriate manner in the school. I understand that this is a sensitive terminology with a lot of misunderstanding and misconceptions associated with it. But such a programme would address vital reproductive health issues including abstinence, medically accurate and age/developmentally appropriate information about sexuality.”

Such a programme, he said, should include information on relationship, emotional relations, reproductive rights and responsibilities, decision-making, assertiveness, and skill building; empowering and enabling the youth to resist social or peer pressure and become responsible citizens with safer and healthier behaviors.

“Children should also be taught building their skills on avoiding experimentation on risky and harmful habits like smoking, using drugs, etc. I believe there is no better time to start interventions than in primary education and gradually go along the academic ladder in an age and culturally appropriate and sensitive manner.” he explained.

In the same post,Dr Jamsheed also called for all barriers to access contraceptives be removed: “I understand that some people would condemn this opinion, arguing that this will promote unlawful and out of wedlock sex. However, I don’t believe that the availability or non-availability of condom or contraceptives would ever be a factor determining whether two people who want to have sex will have it or not.”

However, since taking office Dr Jamsheed has not introduced any explicit policies on addressing the sexual health epidemic. “I will talk on the issue later”, he recently told Minivan News.

Minivan News meanwhile wrote two months ago to the Education Ministry requesting it clarify the ministry’s stand on expanding sex education in schools under the ongoing curriculum review, but it had not responded at time of press.

However an official from the curriculum development unit anonymously confirmed that “every time sex education topic is raised in review meetings, some conservative individuals are blocking it, saying such a measure would increase promiscuity.”

UNFPA Assistant Representative Shadiya Ibrahim however argued that “sex education does not increase promiscuity”. Of 68 studies on family life and sex education in a scientific review, she observed, 65 studies found no associated increases in sexual behavior.

“Young people taking part in such programs had higher levels of abstinence, later start of sexual activity, higher use of contraceptives, fewer sexual partners and/or reduced rates of STDs and unplanned pregnancy,” Ibrahim noted.

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