MMC appeals to protesters not to obstruct journalists

The Maldives Media Council (MMC) has called on protesters at tomorrow’s protest not to obstruct journalists or violate the press freedom.

MMC also said journalism was a national service like the work of the armed forces, and called on the armed forces to provide as much as opportunity for the press to take coverage of the protest.

MMC also called on journalists to be careful for own safety while reporting on the protest.

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Senior MDP figures call on party to reconsider protesting on Friday

Senior figures of the uling Maldivian Democratic Party (MDP) together with a number of supporters have started signing a petition calling on MDP’s National Council to reconsider an earlier decision to protest on Friday.

Secretary General of MDP Ahmed Shah today confirmed to Minivan News that some “hardcore figures” in the party has started signing the petition.

‘’I do not know who is in charge of this petition or who is taking the lead, but I have had reports that it is going on,’’ said Shah.

Asked about his opinion on the decision to hold a protest in support of moderate Islam at the same time as the opposition and religious NGO-organised ‘Defend Islam’ protest, he said that he and all MDP members were obliged to follow any decision made by the National Council.

He said the petition was expected to reach the National Council sometime this afternoon.

Press Secretary for the President Mohamed Zuhair today told Minivan News that a media report about a meeting supposedly held by the President this afternoon to meet with MDP National Council members was correct.

‘’The President has assured that he will go out with the MDP supporters to express support for moderate Islam and oppose extremism,’’ Zuhair said.

On Friday opposition political parties and a coalition of local NGOs have planned to conduct a protest to ‘’protect Islam.’’

Following the announcement of this protest, MDP’s National Council had a meeting and decided to hold a ‘moderate Islam’ protest at the same time as the opposition-NGO coalition protest.

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Amnesty declares imprisoned blogger a prisoner of conscience

Amnesty International has declared imprisoned blogger Ismail ‘Khilath’ Rasheed a prisoner of conscience, and called for his “immediate and unconditional” release.

The controversial blogger was arrested on December 14 following his participation in a ‘silent protest’ on Human Rights Day, calling for religious tolerance in the Maldives.

A group of men attacked the protesters with stones, and Rasheed was taken to Indira Gandhi Memorial Hospital (IGMH) with a fractured skull. He was subsequently arrested for questioning over his involvement in the silent gathering, and the Criminal Court granted police a 10 day extension of detention for the investigation.

“The continued detention of Ismail ‘Khilath’ Rasheed is in breach of international treaties on freedom of expression and peaceful assembly, including the International Covenant on Civil and Political Rights, to which the Maldives is a state party,” Amnesty said in a statement.

“Amnesty International is dismayed that instead of defending Ismail ‘Khilath’ Rasheed, who has peacefully exercised his right to freedom of the expression, the government of Maldives has detained him. Moreover, the government has taken no action to bring to justice those who attacked the ‘silent’ demonstrators, even though there is credible photographic evidence of the attack.”

The attack on Rasheed and his subsequent detention was a “clear example of the erosion of freedom of expression in the Maldives,” Amnesty stated.

“This basic human right is not just under attack from some religious groups; it is also violated by the government of the Maldives. All people in the Maldives should be able to enjoy their right to freedom of expression without being attacked or detained by the police.”

President Mohamed Nasheed was himself declared an Amnesty prisoner of conscience in 1991, following his repeated and prolonged incarceration by the former government.

A photo of Rasheed's alleged attacker taken by the protesters

Journalist detained

Reporters Without Borders (RSF) has also called for Rasheed’s immediate release.

“All he did was start a debate about the issues of religious freedom and tolerance in Maldives,” RSF stated.

“The authorities must explain the reasons for his arbitrary detention and release him at once. It is disturbing to see the government yet again yielding to pressure from the most conservative fringes of Maldivian society.”

Rasheed was one of the country’s leading free speech advocates and one of the few Maldivians bloggers to write under his own name, RSF observed.

“The Maldivian constitution bans the promotion of any religion other than Islam but guarantees freedom of assembly and expression as long as it does not contravene Islam. Rasheed professes to be an adherent of Sufism, which emphasises the inner, spiritual dimension of Islam.”

Reaction

President Mohamed Nasheed’s Press Secretary, Mohamed Zuhair, told Minivan News that Hilath had been arrested under an existing regulation passed by parliament that had no bearing on the [executive] government.

“The government’s policy is to allow freedom of expression to the greatest extent possible under the Constitution,” he said.

Under new regulations published by the government in September, interpreting the 1995 Religious Unity Act passed by parliament, media is “banned from producing or publicising programs, talking about or disseminating audio that humiliates Allah or his prophets or the holy Quran or the Sunnah of the Prophet (Mohamed) or the Islamic faith.”

Violation of the Act carries a prison sentence of between 2-5 years, and the Communications Authority of Maldives (CAM) in November blocked access to Rasheed’s blog on orders from the Ministry of Islamic Affairs, on the grounds that it contained anti-Islamic material.

Rasheed was arrested amid growing religious and political tensions in the Maldives in the lead up to a ‘Defend Islam’ protest to be held on Friday, December 23.

The protest follows several incidents of religious intolerance in the past few months, including as vandalism of the ‘idolatrous’ SAARC monuments in Addu Atoll and hostility towards calls by the UN Human Rights Commissioner Navi Pillay for a moratorium and debate on the flogging of women for extramarital sex.

The December 23 protest is being organised by a coalition of religious NGOs and opposition political parties, who have attacked the government for decisions such as its diplomatic relationship with Israel.

“The government is saying that the Maldives has had an unbroken Islamic tradition for 800 years, and 90 consecutive Chief Justices who have applied Sharia Law,” Zuhair said.

“The President is asking everyone to take a stand tomorrow on the 23rd for the continuation of the Maldives’ moderate Islamic tradition,” he said.

It was “not accurate” to suggest that the government was yielding to fundamentalist fringe elements, he insisted.

“This is political. [Former President] Maumoon Abdul Gayoom and his cronies are testing their support base. The people who are funding this so-called Islamic gathering are the same people selling pork and alcohol.”

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Man sends five-foot tall bill to hospital, after it lost the first

A local man has posted a five-foot tall bill to Laamu Gan Hospital, after the hospital claimed it lost the previous bill he sent, local news outlet Sun reported on Wednesday.

Masood Abdullah from Laamu atoll Mathimaradhoo island claimed that the South Central Health Services Corporation owes him Rf9600 (US$622) for two rooms he rented out to the corporation for 32 days at Rf300 per day, Sun reported.

According to him, the hospital requested he resubmit a bill claiming it was lost, when he asked to clear the payment.

“So this time I sent a bill which won’t be lost,” he was quoted as saying in Sun.

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Judge and wife convicted for sexual misconduct near Hulhumale rubbish dump

The Criminal Court has convicted former Civil Court Judge Mohamed Hilmy and his wife Aminath Ali for sexual misconduct, two years after the pair were discovered by police near the Hulhumale’ garbage dump in a state of undress.

Police arrested Hilmy and Aimanth, at the time his girl friend, around midnight on November 12 on suspicion of sexual misconduct. The pair refuted the charges, claiming it was a police set up.

However, the criminal court noted that three police constables who witnessed the act had testified stating that “Aiminath’s underwear and pants were down to her knees” and that Hilmy had his “pants down to his knees”.

Photos taken by the constables at the scene were also presented to the court.

Based on pictures and testimonies, the court ruled that Hilmy and Aiminath were guilty of sexual misconduct, and sentenced the pair to six months’ banishment and 15 lashes each.

However, the sentence was deferred for three years under section 292 of court trial regulations.

Hilmy, who has heard high-profile cases including former President Maumoon Abdul Gayoom’s request for an injunction against the Presidential commission and the Herathera Resort dispute, was suspended from the bench soon after his arrest.

The press statement issued by the Judicial Service Commission (JSC) at the time stated that Hilmy was asked to stay home until notified by the JSC or until the police investigation was completed.

“Further, the commission has asked the Police Integrity Commission to investigate a complaint from Mohamed Hilmy that police mistreated him, exhibited profane behaviour and gave defamatory information to media,” the JSC said.

Shahinda Ismail, President of the Police Integrity Commission, confirmed to Minivan News at the time that a complaint was filed by the Judges Association (JA) and the JSC, requesting the commission look into the matter.

“In their letter, the JSC said the JA are saying that he has complained to them, that he was walking in Hulhumale’ with his fiancé and police came and handcuffed both of them and basically undressed them by force,” she said.

The police denied the accusations in a public statement.

“The two had to be taken into custody on suspicion of sexual behaviour in a public place as they were at the garbage dump in the south of Hulhumale’ with their pants down,” police said.

Police further denied the allegation that the judge was abused by police and photographed after his pants were forcibly pulled down.

Hilmy told Haveeru following his arrest that he lived in Hulhumale’ and was walking with his fiancé when they were set upon by police.

The judge alleged that police handcuffed him, used obscene language and beat him before photographing him.

Hilmy further alleged that a senior police threatened him at a meeting at civil court and told him they would show him how powerful the police force was.

According to local news reports, Aminath and Hilmy were married soon after the incident and now have child together. The pair are now practicing lawyers at private firms.

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Salaf calls for “new regulations” to protect Islam

Local religious NGO Jamiyyathul Salaf has called on the parliament to enact stronger regulations to protect Islam, beyond the the Religious Unity Act.

In a statement issued today Salaf claimed there were regulations protecting sea turtles, whales, birds, lagoons and the environment, but no adequate regulations that protected Islam as such.

Salaf claimed that the new Religious Unity Regulations allowed “anyone to play with the faith of Maldivians, any way they want to.”

The NGO accused the government of pressuring and threatening Salaf when Salaf once asked Home Ministry, Islamic Ministry and the parliament to investigate some persons that have violated the Religious Unity Regulation.

Salaf also claimed that Ali Ahsan, the developer of  the website promoting Friday’s protest, was arrested under the Religious Unity Regulations.

An Islamic Conference due to be held at Thinadhoo in Gaafu Dhaalu Atoll, organised by the Foreign Ministry and the Islamic Ministry, was questionable, Salaf said in the statement, alleging that article 22 of the regulation allowing for the deportation of missionaries was deleted before it was published in the gazette.

Salaf this week declined an invitation from President Mohamed Nasheed to meet and discuss their concerns.

In its statement, Salaf accused President Nasheed of pardoning “Christian missionaries” deported by the former government, and attached a list of names and passport numbers of individuals blacklisted by former President Maumoon Abdul Gayoom.

Foreign Minister under both governments, Dr Ahmed Shaheed, has previously told Minivan News that allegations of proselytising against foreigners were often “political charges” deployed by the former President, and had reached “saturation point”.

“There is this very, very deep reaction to anything un-Islamic in this country, and you can use Islam as a political tool quite easily,” he told Minivan News in June, following his appointment as UN Special Rapporteur on Iran.

“But I think people are getting fed up with it – you can see the reactions in the press to my appointment as special rapporteur. DRP MP Mahlouf said it was a Zionist conspiracy and a trade-off for favours done to Israel on my part. These things ring hollow the more you say them. They become cliche.”

At the height of the heated election rally in October 2008, the former government “mischievously suggested” that Salisbury Cathedral in the UK was conspiring to blow up the Islamic Centre in Male’ and build a church.

Salisbury Cathedral subsequently denied the allegation.

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Audit finds CSC members splurged 50 percent over budget on trips

Civil Service Commission (CSC) members paid their mobile phone bills out of the commission’s budget illegally, according to the CSC audit report for 2010.

In the report published on Tuesday, Auditor General Ibrahim Niyaz noted that under the article 20 of Civil Service Commission (CSC) Act, the salary and benefits of the five commission members must be determined by the People’s Majlis (parliament).

However, he revealed that the members phone bills were paid in 2010 without parliament’s approval and in violation of the CSC Act.

Therefore, the amount paid for phone bills must be reimbursed the to the state’s consolidated revenue account, the Auditor General told the commission members. The report does not specify the total amount spent on phone bills.

According to the report, CSC members refuted the AG’s conclusion, claiming that phone, computers and such items were considered as “facilities” rather than benefits.

“Since facilities are not determined by the parliament, the CSC decided these things according to the CSC Act and Public Finance Act,” members said.

They also told the auditors that the phone bill issue was clarified by the Anti Corruption Commission (ACC) and parliament, adding that “none of the institutions stated it was illegal”.

The Attorney General had previously concluded that mobile phone bills of ACC members was also paid out of the commission’s budget illegally during 2010.

Meanwhile in the CSC audit report it was found that the commissions trips were not recorded properly and filed within three working days of the end of the trip as stipulated by clause 5.13 of the public financial regulations.

In addition, the audit report noted that two CSC members who visited the “Meeting of the Chiefs of Public Service Commissions of SAARC member countries” in November 2010 in India received trip allowance from the commission budget – even though it was a fully sponsored trip by the organisers. Therefore, the AG requested the members to reimburse the trip allowance as well.

Another member who went on a seven-day study tour trip was asked to reimburse US$888 out of the total allowance, as the member returned four days early.

The Auditor General recommended the commission to reacquire unused funds left over from the trips as stipulated in section 1.01 of state financial regulations.

Out of the Rf24.5 million (US$1.6 million) annual budget released to the CSC in 2010, the report noted that Rf549, 816 (US$35,656) was spent on trips – which was almost 50 percent over the budget allocated for such trips.

According to the CSC financial statement, 95 percent of the trip budget was spent on overseas trips.

More than Rf11.9 million (US$773,581) was meanwhile spent on salary and benefits of staff.

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Maldives “on the tip of a dark cloud of hatred”, warns Sheikh Fareed

Prominent religious scholar Sheikh Ibrahim Fareed has given a sermon denouncing Friday’s planned protest, on the grounds that “it will be the blood of fellow Muslim brothers flowing down the roads.”

Islam did not preach unrest and violence, Sheikh Fareed said, and it was not honoring Islam if Muslims should clash with Muslims in the name of protecting it.

He said that the Maldives was currently “on the tip of a dark cloud of hatred”, and warned about aggressive activities that might take place during the December 23 event, calling on people not to destroy property, or damage the sanctity and good name of another Muslim.

Sheikh Fareed referred to 2;11,12 of the Quran which states: ‘’ When it is said to them: “Make not mischief on the earth,” they say: “Why, we only Want to make peace!” Of a surety, they are the ones who make mischief, but they realise (it) not.’’

According to Sheikh Fareed, Anas Radi allah Anha narrated that the Prophet [PBUH] said ‘’Be patient, there will come a time, where the time that comes after that time will be worse than the other, until you shall meet your god [judgement day].’’

He called not to give space for disputes and to try and make peace instead, and called for people to “protect our wives and children from danger rather than feeding wood to a burning fire.”

He said that everyone will have to be accountable to Allah, and reminded that there were two angels that keep writing all good and bad deeds including the words we say.

Sheikh Fareed said that this life was not eternal and that everyone has to believe that “we might have close our eyes for the last time at any moment.”

‘’Then comes the time you feel bad about how you lived and start crying, although you did not want to leave you had to. Then you will be amazed of the persons that come to question you. Indeed, with a strong voice they will question you,’’ Shaiekh Fareed said. ‘’The persons that encouraged you to destroy people’s property and to damage the good name of others will not be there.’’

He added that the deeds people committed in this world “will be the only thing they will have.”

Sheikh Fared further said it was regrettable to hear of the news that two Muslim groups were to confront with each other.

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Comment: The Intolerant Constitution

In 1959, an expedition of historians unearthed an exquisitely carved ancient statue of Gautama Buddha from the island of Thoddoo.

Buried under slabs of stones, possibly to protect it from being demolished along with the the temples following the Islamization of the Maldives in 1153 AD, the statue was a priceless archaeological find.

Before long, however, the island was gripped with controversy. ‘The religion of worshipping statues has begun!’, some islanders were described as saying, according to the book ‘A New Light on the History of Maldives’.

One early dawn soon after its discovery, the ancient statue was found decapitated by vandals.

The statue was then taken to Male’ and displayed at Mulee’aage, the current Presidential residence. Before the week had ended, another mob barged in and smashed it to pieces leaving behind just the serenely smiling head, which is now displayed in the National Museum in Male’.

The Prime Minister at the time, strong-man Ibrahim Nasir, who didn’t hesitate to personally lead gunboats to forcefully depopulate the island of Thinadhoo following the southern rebellion, knew better than to investigate the vandalism.

It was simply pointless, because half a century later, unidentified vandals would proceed to smash, burn and destroy the SAARC-gifted monuments in Addu, for allegedly being ‘idols of worship’.

The State vs. the Tolerant

Just like Nasir, the modern Maldivian politician knows better than to challenge the deep-rooted fear of ‘other religions’ that is so firmly ingrained in the Maldivian psyche.

On the other hand, it makes for a great political gimmick.

Quite tellingly, the ruling party, seven opposition parties and a network of 127 NGOs are all planning to protest on December 23 in order to renew their vows against allowing ‘other religions’ in the Maldives.

It seems a rather redundant cause, considering the 2008 Maldivian constitution already forbids non-Muslims from becoming citizens, and mandates that the nation remain 100% Sunni Muslim.

This status quo, however, was recently challenged by a group of Maldivians who gathered in Male’ on December 10, on the occasion of the International Human Rights Day, in silent protest against the lack of religious freedom in the Maldives.

The sit-down protest was disrupted within minutes by a violent gang, leaving one man with serious injuries to the head.

Joining the chorus of local politicians eagerly latching onto the controversy, “Reeko” Moosa, the former MDP Parliamentary Group leader, demanded the prosecution of those who called for ‘religious tolerance’ – otherwise considered a positive phrase elsewhere in the world.

Independent journalist and blogger, Ismail Hilath Rasheed, who was among the freedom advocates, has been taken into police custody.

Meanwhile, the National Security Committee in parliament has decided to summon participants of the protest, citing their duty to defend Islam and uphold the country’s constitutionally imposed religious unity.

It is abundantly clear that there’ll be no debate on the subject, and that at the heart of it lies the holy writ of country’s unchallengeable Constitution.

The immutable constitution

Thomas Jefferson, one of the great founding fathers of America, once proposed that the American constitution should be rewritten every 20 years, lest the dead end up ruling over the living.

There are, of course, excellent reasons to deliberately make it difficult to modify a country’s constitution, not the least of which is to protect it from whimsical rulers.

In this regard, however, the Maldives goes one step further than the rest.

Speaking about the incarceration of Hilath Rasheed, Police Sub-Inspector Ahmed Shiyam said “Calling for anything against the constitution is illegal”.

There appears to be a general consensus among lawmakers and the public alike that the constitution is beyond all criticism, and any dissenting word spoken against it should be considered a grievous crime.

This would perhaps imply that the entire Chapter 12 of the constitution is now utterly redundant, for what good is a chapter on amending the constitution when apparently it is illegal to find any fault with the existing one?

One presumes that President Nasheed himself must now be put in chains and dragged before the courts for blasphemously uttering in July 2010 that he was in favour of a Parliamentary democracy, whereas the holy constitution explicitly decrees a Presidential system.

Thankfully, other democracies of the world recognize that obeying the constitution doesn’t necessarily mean agreeing with it.

In neighboring democracies like India, writer activists such as Booker Prize winning author Arundhati Roy write fiery articles openly defying the State, and major political parties publicly campaign to remove specific Constitutional clauses they have philosophical differences with.

In a true representative democracy, the public is generally free to advocate and lobby their representatives for causes they believe in.

In the past few weeks, it has emerged that Maldivian public apparently doesn’t have this freedom.

The other sacred text

Perhaps, then, it is not the Constitution, but Islam that imposes certain limits on the debate?

Unfortunately, in the Maldives, there is no way to tell apart the limits imposed by Islam from the ones imposed on it.

It appears that many Maldivians are convinced that the ultra-conservative Adhaalath Party and their Salafi cousins are the foremost authorities on the subject of Islam in the known universe.

But for that to be true, one must argue that every other Islamic nation in history has been wrong.

While one Maldivian blogger has been languishing in a prison cell for the past week for advocating religious tolerance, there is an abundance of Imams, caliphs and even a certain Prophet from history who seem to be in agreement with that blogger’s opinion that Islam does indeed have room for religious tolerance.

Didn’t the Prophet himself say, “Whosoever does injustice to a protected non- Muslim, then I will be his enemy (on the Day of Judgement)”?

The Cairo Declaration on Human Rights in Islam, drafted by the Organisation of the Islamic Conference as a Shari’ah compliant alternative to the UDHR, declares the right of people to a dignified life free of discrimination on the grounds of religious belief, among other things.

Maldivian scholar Dr Abdulla Saeed of Melbourne University, argues in his book ‘Freedom of Religion, Apostasy and Islam’ that there is “a vast amount of clear Qur’anic texts in favour of freedom of religion”.

Needless to say, his book was banned in the Maldives.

The burden of defining ‘true Islam’, instead, fell on a small group of short-sighted conservative political Mullahs working out of a Ministry building in Male’. And in their opinion, Islam forbids the mere mention of ‘other religions’ – despite what the Qur’an says.

‘Because we’re special’

12th century copper plate grants found in the Maldives reveal the blood-soaked, painful process of conversion of the Maldives to Islam. The Sultans of the day went through the trouble of bringing in Buddhist monks and beheading them in the capital.

The modern day Maldives takes a much simpler route. The 2008 Constitution unilaterally declares all Maldivians to be Sunni Muslim without the courtesy of so much as an opinion poll.

Maldivians in general are quite proud of the ‘100% Muslim’ statistic that is frequently bandied about.

But it raises a few fundamental questions that are nevertheless extremely taboo in the Maldivian society.

At what point of Maldivian history has there ever been a public census on religion?

Does the Maldivian state even have the right to unilaterally declare a citizen’s beliefs? Which other Islamic State or Empire in Islam’s 1400 year old history has taken this liberty – and under whose authority?

Those We Do Not Speak Of

A cursory look at online Social networks easily proves the existence of several non-Muslim Maldivians, and Dhivehin who appear to not subscribe to a religion at all.

If we were to do the unthinkable and disregard the holy constitution for just a minute, how morally justified is it really to make their mere existence a crime potentially punishable by death?

Consider the fact that our very economic survival depends on treating other non-Muslims – those who are non-related by blood, culture or language – with generous hospitality.

Does this radical notion of unilaterally enforced Islam only apply to those born of Dhivehi parents? Could the Parliament conceivably declare tourists and other visitors also to be Sunni Muslims while within Maldivian territory?

At what point does the whole affair begin to sound absurd?

Chaos theory

Politicians of both major parties argue that introducing the freedom of conscience to minorities would result in chaos and disorder in society, much like introduction of democracy did with the introduction of political rights. But are any of these politicians sincerely willing to return to the non-chaotic days of the past when they were jailed for simply expressing an opinion? If not, why not?

The Maldives has been “100% Muslim” since at least the Gayoom days. So why do we not see the utopian fantasy of a prosperous, peaceful, gentle society of fellow Muslims treating each other with kindness?

Instead, it appears that Maldivian lawmakers and government no longer have to talk about roads or health or food or development, for they now have the one dead horse of religion to flog for all eternity.

Is it really that hard to see there’s something wrong with the picture when eight political parties – both the ruling and the opposition – plan to rally in order to “defend Islam” against each other?

Which Islamic principle was being followed by the MPs who tried to force their way to the International airport in an effort to remove a banner depicting the region’s cultural diversity?

Presumably, it takes a tremendous amount of will power for these lawmakers to restrain themselves from forcing their way past security into the National Museum to destroy the still intact head of the ancient coral-stone idol of the Thoddoo Buddha that our ancestors had failed to destroy.

What Islamic value lies behind the sort of blood lust that drives an ordinary Maldivian to go and violently attack a fellow Maldivian simply for being a non-Sunni Muslim?

Based on what Islamic criteria do we religiously uphold certain parts of the Shari’ah penal code such as flogging, while completely disregarding others such as amputating limbs, or stoning half-buried humans to death?

These are all important, crucial questions. But until there’s room for an honest debate, how would we ever find out?

End of Reason

“I disapprove of what you say, but I will defend to the death your right to say it”, wrote S.G. Tallentyre in 1906, in a quote widely misattributed to French philosopher Voltaire.
Over a century later, we Maldivians have yet to appreciate the sentiment behind this powerful phrase.

While jihadist literature with fiery, cataclysmic titles are openly sold in Salafi bookshops around the capital, the slightest spark of reason is immediately stamped out by an unthinking brigade of conservative clerics and opportunistic politicians.

The broken, still smiling Buddha in the National Museum bears witness to our long history of stubbornly refusing to accept reason.

But today, more than ever, it is necessary to ask difficult questions and face hard facts, because the line that marks where the debate stops also marks the point where, as Thomas Jefferson feared, we become enslaved to the past.

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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