Transparency Maldives highlights plight of migrant workers on May Day

Advocacy NGO Transparency Maldives (TM) has assisted 560 migrant workers with cases of non-payment of wages, poor working and housing conditions, withholding of identification documents and forced labor.

“People need to be more outraged. Migrant workers are not of our nationality, but they are human beings. Maldivians need to consider their plight, especially on May Day,” TM’s Advocacy and Communications Manager Aiman Rasheed told Minivan News.

The NGO estimates there are an estimated 200,000 migrant workers in the country – a figure that amounts to two thirds of the Maldives population.

“But migrant workers have few rights and do not have access to justice. They often face threats or violence even for speaking out about injustices,” Aiman said.

“The 560 cases we were able to assist are really the tip of the ice-berg. We need to do more. Civil society needs to do more, the government needs to do more,” he added.

In 2013, the U.S. State Department ranked Maldives on tier two of its watch list for human trafficking for the fourth consecutive year. Countries are ranked on tier two if the absolute numbers of trafficking victims are increasing and if their governments fail to take substantive measures to address the problem.

A downgrade to tier three could leave the country open to non- humanitarian and non trade international sanctions.

The State Department noted fraudulent recruitment, confiscation of identity and travel documents, withholding or non-payment of wages or debt bondages as some of the forced labor situations faced by migrant workers in the Maldives.

A government report in 2011 revealed human trafficking to be the Maldives’ second most lucrative industry after tourism – worth an estimated US$ 123 million a year

The Maldives ratified an Anti-Trafficking Act in December 2013, but TM noted implementation, monitoring and enforcement of laws and regulations are crucial to prevent human trafficking.

In addition to the Anti- Trafficking Act, the Maldives has two regulations on migrant workers – the Regulations on Expatriates Working in the Maldives and the Regulation on Bringing Expatriates for the Purpose of Employment.

“Human trafficking often happens due to systematic governance failures, often caused by corruption. Corruption and human trafficking need to be addressed as a matter or urgency to prevent abuses,” Aiman said.

The NGO has called on migrant workers to call its toll free number (800) 300 3567 or visit its free legal advice center between 9 am and 5 pm on working days. The center is located on the 7th floor of MF Building on Chaandhanee Magu in Malé.

TM has helped a group of Indian workers obtain eight months’ worth of unpaid wages and assisted a Bangladeshi group restore electricity in their living quarters.

Employers had cut off electricity when the group asked for the Labor Relations Authority’s assistance in obtaining six months’ wages. The Human Rights Commission of the Maldives (HRCM) is now monitoring the case.

In January, the Maldives Police Services made its first arrest on charges of human trafficking. A 48 year old Maldivian and six expatriates were arrested from Baa Atoll Goidhoo island.

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“Highly politicised and corrupt” judiciary unfit to decide life and death: Maldivian Democracy Network

The Maldivian Democracy Network (MDN) has condemned the Maldivian government’s decision to implement the death penalty in a press release issued on Wednesday.

The MDN expressed “great concern” over the move to break a sixty-year de facto moratorium on the death penalty in the country. New regulations allow for children as young as seven to be sentenced to death.

“Given the state of the Maldivian judiciary, which is also perceived to be highly politicised and corrupt, it is most concerning that as grave a matter as life and death of humans is to be decided by it,” the MDN stated.

Adopted on April 27, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

The MDN’s statement closely follows a statement by the Office of the High Commissioner for Human Rights (OHCHR) in which the organization called for the practice to be abolished.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the OHCHR.

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters.

A step backwards

The regulation on the implementation of the death penalty and the penal code pushes the Maldives backwards in an age when several countries in the world, including Muslim nations, are moving away from it, the MDN said.

The lack of legislation on evidence, witness protection and criminal procedures lead to a systematic failure to do justice and as a result innocent lives may be lost, the organization noted.

“The Maldivian criminal justice system lacks crucial legislation on evidence, witness protection and criminal procedures, leading to structural gaps and systematic failures to do justice as independent observers have noted in the past.

“A catastrophic result of this may be the loss of an innocent life, which is neither replaceable nor correctable.”

The MDN also highlights the possibility for minors to be sentenced to death as a major concern, and violation of the minor’s rights.

“We are also deeply concerned the regulation violates the rights of the child. Under the Convention on the Rights of the Child and International Covenant on Civil and Political Rights, a death penalty may not be imposed for a crime committed by a person under 18 regardless of his/her age at the time of the trial or sentencing or of the execution of the sanction.

“In addition to this, research shows that capital punishment does not deter murder any greater than the threat and application of lesser punishments. Maldivian Democracy Network implores the government to reconsider the decision to implement the death penalty in the Maldives, and make meaningful efforts towards prevention of crime and the protection of human life,” the statement concluded.

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President’s Office removes ‘socially unacceptable’ film awards pictures from website

The President’s Office has removed “socially unacceptable” pictures taken at Tuesday’s Maldives Film Awards from its website.

Presidential Spokesperson Ibrahim Muaz Ali told Minivan News the pictures had been removed on Wednesday evening following local media and social media criticism of “pictures against social norms.”

President Abdulla Yameen Abdul Gayoom and Defense Minister Ahmed Nazim attended the event held at the Olympus Theater in Malé. The ceremony was broadcast live on state broadcaster Television Maldives (TVM).

“We felt these pictures should not be on the President’s Office website. They are against social norms,” Muaz said.

Muaz refused to provide further details on which pictures were removed. But Minivan News understands they were of female film stars in revealing clothes.

Some commentators criticized the photos on religious grounds, while others pointed to the administration’s “hypocritical” treatment of female detainees arrested from a music festival on Anbaraa Island and accused of wearing revealing clothing on April 18.

The women were wrapped in sarongs when they were presented at the Criminal Court for remand hearings.

Comparing the film awards and Anbaraa music festival, one Facebook commenter said: “When the girls wore shorts and danced at Anbaraa it became a problem. But its OK when adult women wear revealing clothes and when some dance infront of political leaders. Raid Olympus just as they raided Anbaraa. This is why I say how they do things do not make sense.”

One commenter on Channel News Maldives said they were saddened by President Yameen’s presence at the event, while another said: “Those who raised their voices and cried in the name of religion and nation are now speechless, their voices silenced, mute.”

Facebook user, Shifa Aishath, called for Home Minister Umar Naseer’s resignation: “Girls wearing shorts needed sarongs to cover them. What about the so-called celebrities? End discrimination! Umar resign!”

Political Analyst Azra Naseem said the treatment of the young people on Anbaraa Island “is a supreme example of the hypocrisy that defines Maldives.”

“It is one of the worst kept secrets of Maldivian politics that most of the Maldivian cabinet, and a substantial number of parliamentarians in the Majlis all drink alcohol and/or take recreational drugs. Several government Ministers not only drink but also facilitate parties and raves for young people they know. On the more sleazy side of things, several do so with the goal of getting sexual favours from young people in exchange for the illegal substances provided,” she said in a comment piece.

Referring to the Criminal Court’s stalling of a court case against MP Ahmed ‘Sun Travel’ Shiyam and state failure to investigate Supreme Court Judge Ali Hameed’s alleged appearance in a series of sex tapes, Azra said: “And the hypocrisy of those meting out such punishment, while happily indulging in worse behaviour themselves, boggles the mind perhaps even more than some of the substances said to have been available at Anbaraa could have.”

In May 2013, the police detained a 16 year old girl in Malé for “dressing inappropriately.”

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Strong wind and heavy rain forecast over the next 24 hours

Heavy rain and thunderstorms are expected over the central and southern areas from 10:00 a.m. to 10:00 p.m. today, Maldives Meteorological Service (MMS) has said.

Thunderstorms are expected over the area between Haa Alif and  Gaafu Dhaalu atoll today (May 1), and the MMS have issued a White Alert.

In addition, the Met Office has forecast strong winds and heavy rain in most parts of Maldives within the next 24 hours.

The country is expected to experience winds up to 40 mph hour during storms. Northern atolls can expect heavy gusts at speeds of 15 miles per hour (mph) during showers and southern atolls can expect winds between 10 mph and 20 mph during showers, according to local media Sun Online.

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GST from telecommunication services comes into effect

A six percent Goods and Services Tax (GST) on telecommunication services come into effect as of 12:00 a.m. today, May 1, 2014.

The eleventh amendment bill to the Goods and Services Tax Act, allowing the collection of a 6 percent taxation on telecommunication services, was published in the Government Gazette on March 25.

The tax applies to all communication services except for postal services provided by a postal service provider registered with the relevant Government authority or State institution, according to the Maldives Inland Revenue Authority (MIRA) website.

The tax for telephones will be included in the telephone bills, or added to the top-up vouchers.

The introduction of telecom GST was an initiative taken by the new government to increase revenue.

The State’s principal tax collector, MIRA estimates to gain MVR 110 million through Goods and Services Tax this year, reported local media Sun Online.

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19 year-old Maldivian HIV patient gives birth

A 19 year-old woman with HIV has given birth to a child last week at the Indira Gandi Memorial Hospital (IGMH), local media have reported

According to online newspaper ‘MV Youth’ the patient was allegedly involved in a sexual relationship with a man with HIV when she was 15 years of age.

The website reported that the man who she had sex with was found guilty of having sex with the girl and sentenced to 19 lashes in 2010 by the Criminal Court. It was not confirmed whether the baby was tested positive to HIV.

Speaking to Minivan News today IGMH Spokesperson Zeenath Ali said that she had not heard of the incident.

‘’Some other news agencies had contacted me today and asked about it but I told them that only the concerned authorities such as Health Ministry and concerned persons from IGMH will have that kind of information,’’ she said.

She said she cannot confirm whether or not the information was true.

On February 27, an expatriate lab technician working at IGMH who was allegedly responsible for the transfusion of HIV positive blood to a pregnant Maldivian patient was taken into police custody.

The technician at fault reported the blood as negative despite the machine showing that it was positive for HIV.

The error was discovered when the patient came in for a routine checkup on February 18, after which the blood test report was reviewed.

The blood sample was taken from a donor found by the patient and not from the hospital’s blood bank and was not previously registered as an HIV patient.

In October 2012, the then Minister of Health Dr Ahmed Jamsheed Mohamed claimed it was only through “incredible luck” that HIV had not spread across the Maldives, considering the prolific levels of unprotected sex and intravenous drug use.

Jamsheed at the time spoke of the risks of promiscuity in the society, referring to the 2010 case where police arrested an HIV positive prostitute. He stated that the same prostitute had been identified in the Maldives as being HIV positive in the year 2009 as well.

Since the first case of HIV in 1991, 19 cases of HIV have been reported among Maldivians, while the estimations of HIV positive persons are as high as 70 – 100.

The Health Ministry has previously warned about a possible explosion of HIV/AIDS in the country, with high risk behavior such as drug use and numerous sexual partners a concern.

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MDP calls for GMR reinstatement

Opposition Maldivian Democratic Party (MDP) has called for the reinstatement of the airport development contract with Indian GMR Infrastructure and warned the party will terminate any new agreements if it comes to power.

“The MDP immediately calls on the Government of Maldives that instead of repealing the annulled agreement in order to award it to another party, to render it to its original benefactor. The failure to conduct this repeal would allow Maldives to suffer unforeseeable risk and irrevocable harm,” the party said in a statement today.

“[T]his party on this day hereby resolves that any government formed by this party shall annul all corrupt agreements made by this government regarding the airport and render it back to whom it is rightfully due.”

The warning comes following President Abdulla Yameen Abdul Gayoom’s call for new airport developers at an investment forum in Singapore.

The GMR, in consortium with Malaysia Aiports, narrowly won the International Finance Corporation (IFC) managed bid for the airport in 2010, and signed the agreement with Maldives Airport Company Ltd (MACL) under the former government of Mohamed Nasheed.

However, following a nationalist campaign to evict GMR and Nasheed’s ouster in February 2012, new President Dr Mohamed Waheed Hassan declared GMR’s concession agreement ‘void ab intio’ (invalid from the outset) in December 2012, and gave GMR seven days to leave the country.

After Singaporean court upheld the government’s decision, the GMR filed a claim for US$ 1.4 billion in compensation from the Maldives – a figure that eclipses the annual state budget. Arbitration proceedings are now underway in Singapore.

Yameen has conceded the government must compensate GMR, but said the company is only owed US$ 300 million.

The MDP noted an Anti Corruption Commission (ACC) investigation had confirmed the GMR agreement to be corruption free and said the agreement had been made according to legal and international best practices.

The ACC noted an MACL managed airport would raise US$ 254 million in 25 years while the GMR consortium would bring in US$ 534 million.

“For these reasons the MDP Government, having found that the best advantage for the Government of Maldives would be to privatise the airport, it was assigned to GMR with the benefit and wellbeing of Maldivian people in mind; where it was impliedly and manifestly known that the matter was undertaken not for political gain but rather for the public good,” the party said.

“Notwithstanding this, those in the opposition at that time not only distorted the facts completely to the people; but the consecutive coup government that followed unscrupulously annulled the Airport Agreement. MDP is adamant to the fact that their position did not consider the wellbeing of the nation and its people.”

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Maldives should repeal the death penalty – UN Human Rights office

The United Nations Human Rights Office (OHCHR) on Tuesday voiced deep concern about a new regulation in the Maldives that effectively overturns a 60-year moratorium on the use of capital punishment in the country and allows for children as young as seven to be sentenced to death.

“We urge the Government to retain its moratorium on the use of the death penalty in all circumstances, particularly in cases that involve juvenile offenders and to work towards abolishing the practice altogether,” said Ravina Shamdasani, spokesperson for the Office of the High Commissioner for Human Rights (OHCHR).

“We equally encourage the Government to repeal the new regulations and other provisions that provide for the death penalty,” she told reporters in Geneva.

Adopted on 27 April, the new regulation provides for the use of the death penalty for the offence of intentional murder, including when committed by individuals under the age of 18. The age of criminal responsibility in the Maldives is ten, but for hadd offences, children as young as seven can be held responsible. Hadd offences include theft, fornication, adultery, consumption of alcohol, and apostasy.

“According to the new regulation, minors convicted of intentional murder shall be executed once they turn 18. Similar provisions in the recently ratified Penal Code, allowing for the application of the death penalty for crimes committed when below the age of 18, are also deeply regrettable,” Shamdasani said.

Under international law, those who are charged and convicted for offences they commit while they are under 18 years of age should not be sentenced to death or life imprisonment without possibility of release, the spokesperson added.

Government support

Speaking at a press conference last week, Minister of Home Affairs Umar Naseer said the chances of killing an innocent person after completing all the procedures in the regulation – titled “procedural regulation on investigating and penalising the crime of murder” – was “far-fetched” and “almost impossible”.

With the new regulation, the president will no longer have this authority if a person is sentenced to death for murder by the Supreme Court, Naseer noted.

Although the death penalty has proven to be a contentious issue, Naseer assured the international community that the Madlives has a firm reason to continue with the ruling.

“There will be some parties who will be concerned about this. Concerned countries, concerned NGOs. Some counties are not too pleased with it [death penalty, but we will know about the issue of executing people in this country, the overcrowding of prisons in this country, how much the criminal environment is more lively in this country. And we are a hundred percent Islamic country and there are certain values that we all believe in,” Naseer said.

Meanwhile, President Abdulla Yameen Abdul Gayoom has called for the death penalty to be put into practice in the Maldives from as early as July 2013.

The half brother of former autocratic ruler Maumoon Abdul Gayoom, first told media of his “change of heart” while speaking on the program Voice of Maldives on July 22 2013.

Yameen explained that although he had not been not an advocate of the death penalty, he now believed it must be implemented to save Maldivian society from commonplace murders that have become too commonplace.

“Murder has to be punished with murder,” Yameen said.

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Minivan News journalist among RSF’s 100 information heroes

Minivan News journalist Mariyath Mohamed has been named an “Information Hero” by Reporters Without Borders (RSF) on the occasion of World Press Freedom Day (May 3).

The 100 information heroes “are a source of inspiration to all men and women who aspire to freedom. Without their determination and the determination of all those like them, it would be simply impossible to extend the domain of freedom,” said RSF’s Secretary General Christophe Deloire.

The RSF commends Mariyath’s coverage of the growing influence of radical Islamist groups in the Maldives in the aftermath of the controversial transfer of power in February 2012.

“I feel both honoured and humbled to receive recognition of this scale. My intention has always been to bring controversial issues to the notice of the world, and prompt discussions on the issues both locally and globally. Due to the nature of the topics, there is often as much opposition, and threats, as support. I believe we cannot make a difference unless more of us take up the challenge and speak out,” Mariyath said.

During the first five months of 2013, she was constantly followed, threatened and attacked – on one occasion by men with a steel bar.

“Your sister has hanged herself and we can help you to do the same,” an anonymous letter slipped under her door in early 2013 read.

Mariyath’s coverage of a 15- year old rape victim who was sentenced to 100 lashes shocked the international community led to the sentence being rescinded.

The list of 100 information heroes comprises women and men of all ages (25 to 75) and 65 nations.

“This initiative aims to show that the fight for freedom of information requires not only active support for the victims of abuses but also the promotion of those who can serve as models,” the RSF said.

The list includes varied figures such as Anabel Hernandez, the author of a bestseller on the collusion between Mexican politicians and organized crime, Ismail Saymaz, a Turkish journalist who has been prosecuted a number of times for his reporting, and Gerard Ryle, the head of International Consortium of Investigative Journalists for contribution to the emergence of global investigative journalism.

Glenn Greenwald and Laura Poitras, US citizens who were responsible for revealing the mass electronic surveillance methods used by the US and British intelligence agencies are also named.

In recent years, Maldivian journalists have come under growing threat with two journalists surviving murder attempts in 2013 and 2012.

In February 2013, opposition aligned broadcaster Raajje TV reporter Ibrahim ‘Asward’ Waheed was nearly beaten to death, whilst the station’s offices and equipment were destroyed in an arson attack in October.

In June 2012, two men slashed freelance journalist and blogger Ismail ‘Hilath’ Rasheed’s throat with a box cutter. Hilath is currently seeking political asylum abroad.

The RSF has ranked Maldives 108 on its World Press Freedom Index in 2014, marking a decline in press freedom for the third consecutive year. Fiji, at 107, experienced a coup in 2006, and the Central African Republic, at 109, is in the midst of a civil war following a coup in 2013.

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