Tag: maldives

Maldives celebrates historic penal code

A new penal code came into effect today, repealing a law written in 1968. Government offices, the opposition and influential figures have welcomed the law as a momentous change that will usher in major reforms to the Maldives’ criminal justice system.

The landmark law is hailed as one that is compatible with both the Islamic Shari’ah and international human rights standards. The penal code comes into effect nearly ten years after it was first drafted and despite recent efforts by the judiciary to overhaul it.

Attorney General Mohamed Anil today said the new law would bring the Maldives criminal justice system on to equal footing with that of other developed nations. Thanking all stakeholders involved in its enactment, Anil said the penal code is the most well-researched law to come into effect in the Maldives.

Law enforcement officers and public prosecutors have now been trained in its application with the help of a legal resource center set up by the UNDP, he said.

“The Attorney General asks all government institutions and the Prosecutor General to complete all the tasks in order to fully comply with the new penal code,” he said in a statement today.

Anil also called on Majlis to expedite the criminal procedures bill and stressed the need for laws on evidence and legal aid to complete reforms to the criminal justice system.

The main opposition Maldivian Democratic Party (MDP) said: “We believe the enforcement of the new penal code is a progressive step for a better criminal justice system. It brings to an end to the injustice wrought by the old law.”

Foreign minister Dunya Maumoon said: “I am extremely proud that with this significant move, the Maldives becomes the first Islamic country to bring into place a penal system that is in line with the principles enshrined in both Islamic Shariah and the common law.”

Ahmed Faiz, the former chief said: “Never will a more significant change happen to the Maldivian criminal justice system. “

The PG office and the police have said that they are fully prepared to implement the new penal code.

“The PG office was actively involved in training of lawyers, the police and other institutions for the penal code. We are well prepared,” a spokesperson said.

According to the police, some 3100 officers have been informed on the provisions in the law.

Amidst all the celebration, former Attorney General Husnu Suood was more cautious. “The people will benefit from the penal code provided that judges are god fearing, selfless, loyal and uphold the most sincere ethics,” he said.

The first draft of the penal code was prepared in 2006 at the request of then-Attorney General Hassan Saeed by Professor Paul H. Robinson, a legal expert at the University of Pennsylvania.

However, the legislation was stalled at the 16th People’s Majlis. It was resubmitted to the 17th Majlis in late 2009 where it remained with a committee until December 2013. In the first vote, the bill was rejected 36-34 and sent back to a committee.

It was finally passed in April last year, but its enforcement was delayed by a year to provide state institutions time to prepare. Ruling party MPs this year delayed the penal code’s enforcement by a further three months, claiming more time was needed to raise public awareness.

The decision was made against the wishes of the Attorney General and the Prosecutor General.

Likes(0)Dislikes(0)

Comment: New penal code comes into effect! A truly historic moment

This article is by Hussein Shameem, a partner at Aequitas Legal Consultants and the former deputy Prosecutor General. 

Today is July 16, 2015, a momentous day in the history of the Maldives’ criminal justice system. The penal code of 1968 expired at 11:59pm on July 15. In this historic moment, 12am on July 16, 2015, a brand new penal code takes effect in the Maldives.

The revolutionary change we are ushering in today is significant even by global standards, and equivalent to the historic change brought by the ratification of a new constitution in the Maldives on August 7, 2008. The constitution, in addition to granting many fundamental rights, also brought in major reforms to the criminal justice system. These reforms can only be complete with the enforcement of the new penal code.

Article 61 (b) of the constitution states: “No person may be subjected to any punishment except pursuant to a statute or pursuant to a regulation made under authority of a statute, which has been made available to the public and which defines the criminal offence and the punishment for commission of the offence.”

The statute that defines criminal offences and the punishment for the commission of those offences is the penal code that took effect today. This law states, in clear and simple language and not in legal jargon, what criminal offences are and what their corresponding punishments are.

This penal code will improve transparency in the law enforcement sector. It clearly lays out what law enforcement officers can and cannot do, and provides measures that judges must refer to in meting out punishment. It allows an offender to argue several justifications in their defense, such as self- defense, defense of property or that of law enforcement authorities.

This is the age of transparency and access to information. Laws must clearly state how people are to be treated. This is a crucial element of the philosophy of the rule of law. If an individual knows beforehand how they will be treated under the law, it will increase their trust in the legal system. Public trust is one element lacking in and much needed for the Maldives criminal justice system. This penal code paves a path to gain that trust.

This penal code only applies to events that occur after 12:01am on July 16, 2015. Hence, the old law will be used in the prosecution of events that occurred before the new law came into force. This is because the public must be notified before a certain action is declared as a new offence. If an act is not an offence at the time at which it was committed, the person who committed the act cannot be prosecuted retroactively by a new law. This is not justice. Since this law came into force today, and since the notice was provided today, this law only applies to events that occur today onwards.

What will happen to cases under investigation at present?

Some crimes are reported to the police only days after they took place. Since the current penal code only applies to events that occur from today onwards, the police must consider the date on which the reported offence took place. Depending on the date of the alleged offence, the law they apply will be different. Hence, law enforcement agencies will have to consider both laws for a time being. But this will be resolved soon, when police start receiving reports of events that occur from today onwards.

This overlap is inevitable. If the enforcement of a criminal law is suspended for any period of time, it may permit criminality for that period. The police and law enforcement agencies will have to bear some difficulties in this period of transition, for our protection and safety.

What will happen to cases sent for prosecution to the Prosecutor General’s Office?

The Prosecutor General (PG) must press charges according to the law in force at the time that an offence was committed. Even if the punishment for the offence is considerably lesser in the new law, the charges must be filed under provisions in the law in effect at the time the act was committed.

Judges, however, must consider the more lenient punishment in sentencing. I will address that in the next section

What will happen to ongoing cases at the criminal court?

With the enforcement of the new penal code, prosecution in ongoing cases will continue according to the offence the person was charged with under the old law.

However, the accused has the following rights:

Firstly, the defendant will have the right to the justifications outlined in chapter 40, 50 and 60 of the current penal code. For example, if the offence was committed in self-defense, the defendant can take this argument up in the trial. Chapter 40 introduces six defenses, chapter 50 introduces seven, and chapter 60 introduces six. These chapters detail how these justifications can be used. The defendant will now have the right to argue the justification relevant to their circumstances.

Secondly, Article 59 (a) of the constitution states that if the punishment for an offence has been reduced between the time of commission and the time of sentencing, the accused is entitled to the benefit of the lesser punishment. Hence, judges are obligated to consider the punishments outlined in the old and new laws and mete out the lesser punishment. If not, the accused has the right to appeal the sentence at the High Court. Unlike before, the accused can appeal either the reasoning or the severity of the sentence at the High Court. If judges find that the accused was handed the severe sentence, they can reduce the sentence to the lesser punishment.

What will happen to completed cases?

If a case had been tried and a verdict had been delivered before the new law came into force, there will be no change to the sentence.

Exempted Acts

Even though the new penal code takes effect today, Article 18 states that the following acts shall take precedence (meaning provisions in the following Acts will take precedence over that in the penal code):

  • Act 12/2009: Special Provisions Act to Deal with Child Sex Abuse Offenders
  • Act 17/2010: Intimidation and Possession of Dangerous Weapons and Sharp Instruments
  • Act 17/2011: Narcotic Drugs Act
  • Act 12/2013: Anti-Human Trafficking Law
  • Act 13/2013: Anti-Torture Act
  • Act 10/2014: Money Laundering and Terrorism Financing Act
  • Act 17/2014: Sexual Offences Act

Even though provisions in the above-mentioned laws will take precedence over the penal code, for prosecution under those laws, the defendant will get the benefit of defenses. If the defendant is able to prove such a defense, they may not be punished. For example, if a defendant is able to prove they were mentally incapacitated at the time of committing the offence, they may not be sentenced.

The offences mentioned in these laws, and the procedures relating to those offences must be reviewed by the Majlis and a decision on the annulment of these Acts must be made before July 15, 2016.

Because of all the reasons outlined above, the enforcement of the new penal code is truly a historic event. It opens doors for the Maldivian criminal justice system to become a globally accepted system.

Human beings wrote the penal code. Therefore, it is likely to have some flaws. They will become clearer as we begin to enforce the new law. These flaws can be corrected and the law can be improved further. In all countries, it takes some time to reform and improve laws. Our task now is to identify such gaps and block them. The Attorney General’s Office has set up a mechanism to do so—the Legal Resource Center (LRC). This center will consult with all stakeholders, conduct research and bring the necessary reforms to this law.

The legal system is not just dependent on good laws, but also on their enforcement. If we are unable to implement and enforce the law, even the most perfect law will not bring resolutions. I call on the law enforcement agencies to be sincere in enforcing this law, even if there are some difficulties at first. When problems arise, we must resolve them. The real problem is when there is no interest in solving problems.

Shameem is a consultant with the Legal Resource Center. 

This is a translation of an article written in Dhivehi. Translation by Zaheena Rasheed. 

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]

Likes(0)Dislikes(0)

Only three judges trained on new penal code

A new penal code is due to come into force at midnight tonight, but the three judges of the Juvenile Court are the only judges who have been trained on the provisions in the new law, reliable sources have told Minivan News. 

The juvenile court has declined to comment on the matter, while the Department of Judicial Administration (DJA) said no judges have been trained on the new law.

Judges and lawyers told Minivan News in April that the Supreme Court has denied permission for judges and magistrates to attend trainings conducted by the attorney general’s office and the UNDP at a special legal sector resource center, which was set up last year to train law enforcement agencies, judges, lawyers and journalists on the new penal code.

“The penal code is a large, extensive document with criminal proceedings that is new to the Maldives. I wanted to attend but the Supreme Court wouldn’t give us permission,” a judge who wanted to remain anonymous told Minivan News at the time.

The existing penal code was adopted in 1968 and has been criticised as draconian, outdated and not in line with the democratic constitution of 2008.

Speaking at a symposium about the new penal code in April, Attorney General Mohamed Anil said the country should bid farewell to the existing law “without any fear” as it was unsuited to the present day. The Majlis however delayed the law’s enforcement by three months in the same month claiming more time was needed to raise awareness.

Former Prosecutor General Hussain Shameem says that some 1100 people people have been provided extensive training as part of preparations for implementing the penal code.

“We have never been more prepared for a law than this,” he said.

The Supreme Court has meanwhile drafted a penal code of its own, which proposes lowering the age of criminal responsibility to seven years and sets hefty fines and jail terms for defaming a state employee.

But the People’s Majlis has suspended its sittings to block MPs from submitting any changes. Explaining the decision to suspend sittings, a senior ruling party MP told Minivan News: “We will not allow the judiciary to dictate laws and overstep its mandate.”

A source familiar with the apex court’s draft said it will undo ten years of work put into modernizing the Maldives’ criminal laws.

In the draft, defamation of a state employee by using the media is punishable by up to eight months in jail or a MVR15,000 fine. Providing misleading statements about court proceedings is punishable by up to three years in jail and a maximum fine of MVR30,000.

Reporters will have to bear criminal responsibility for translating or reproducing statements issued by international bodies that defame state employees, the draft said. Meanwhile, courts can also shut down media outlets if defamatory statements are published.

However, with the new penal code, the Maldives will become the first Islamic country to adopt a criminal law compatible with both the Islamic Shariah and international human rights standards.

The Maldivian judiciary has been widely criticized over politicization and the lack of academic qualification of sitting judges. The new penal code will regulate judge’s discretion in meting out punishments.

Correction: Minivan News has removed a statement from this article that said the training of the juvenile court judges had taken place without the Supreme Court’s permission.

Likes(0)Dislikes(0)

Majlis shutdown to ‘block changes to new penal code’

Sittings of the People’s Majlis were suspended this week to block MPs from submitting changes to the long awaited penal code, which is due to come into force at midnight tonight.

The Supreme Court has compiled a 150-page draft of a new bill to overhaul the modern penal code. Explaining the decision to suspend sittings, a senior ruling party MP said: “We will not allow the judiciary to dictate laws and overstep its mandate.”

Minivan News has obtained some excerpts of the judiciary proposed bill. The apex court wants to set the age of criminal responsibility to seven years and jail terms and hefty fines for defaming state employees.

The new penal code, passed by the Majlis in 2014, was due to come into force in April this year. But the ruling Progressive Party of the Maldives (PPM) delayed its enforcement until July 16, claiming more time is needed to raise public awareness.

Attorney General Mohamed Anil and Prosecutor General Muhthaz Muhsin had opposed the delay. Judges have been working on a draft since then, multiple sources have told Minivan News.

The new penal code is to replace a law adopted in 1968. It sets the age of criminal responsibility at 15 years. Offenders between 15-18 years will be prosecuted by the Juvenile Court, and will receive lighter sentences.

While the draft proposed by the apex court also sets lighter terms for children between 7-18 years, it gives judges the discretion to mete out full punishments provided in the Islamic Shariah.

The apex court also wants to introduce hard labor in jail as a punishment.

Defamation of a state employee by using the media is punishable by up to eight months in jail or a MVR15,000 fine. Providing misleading statements about court proceedings is punishable by up to three years in jail and a maximum fine of MVR30,000.

Reporters will have to bear criminal responsibility for translating or reproducing statements issued by international bodies that defame state employees, the draft said. Meanwhile, courts can also shut down media outlets if defamatory statements are published.

If an unmarried man has extramarital intercourse, he will be sentenced to a year under house arrest and 100 lashes. An unmarried woman who simply invites extramarital sex is sentenced to 100 lashes and a year under house arrest.

The apex court’s draft also criminalizes abortion, unless it is carried out to save the mother’s life or for a reason stated in another law. The new penal code legalizes abortion up to three months after conception, and makes exemptions for cases of rape even after the three-month cut off.

Terrorism is loosely defined as committing murders, kidnappings, hijacking of vessels, damaging diplomatic missions with the intent of undermining the constitution or influence government policy. Offenders can be sentenced to 10-15 years in jail.

Other offences in the draft include leaving goods on the street or placing chimneys or drainage systems in a manner that disturbs others. The offence is punishable with up to three months under house arrest and a fine.

Meanwhile, if the guardian of a mentally challenged person “sets them loose in a public area and they go on to disturb or cause harm,” the guardian will be punished with three months of house arrest and a fine of up to MVR2,000.

A source familiar with the apex court’s draft said it will undo ten years of work put into modernizing the Maldives’ criminal laws.

The existing penal code of 1968 has been criticized as draconian, outdated and not in line with the Maldives’ obligations under international human rights conventions.

With the new penal, the Maldives will become the first Islamic country to adopt a criminal law compatible with both the Islamic Shariah and international human rights standards.

The Maldivian judiciary has been widely criticized over politicization and the lack of academic qualification of sitting judges. The new penal code will regulate judge’s discretion in meting out punishments.

The landmark law brings together provisions in some 90 laws that specify criminal offences under one law.

Likes(0)Dislikes(0)

Rumors abound over PPM split on appointment of new vice president

Rumors once again swirled in Malé today that former president Maumoon Abdul Gayoom is opposed to his half-brother, President Abdulla Yameen, appointing the tourism minister as the new vice president. Gayoom, however, for a second time this week, denied favoring a particular candidate.

Newspaper Haveeru today said Gayoom had sent a text message to Yameen warning of negative public perception if the influential tourism minister Ahmed Adeeb is appointed vice president.

The president of 30 years promptly denied the rumor on Twitter, reiterating that the appointment of a deputy is the sole prerogative of the president. “I did not send a message to the President asking him to appoint or not appoint any person as Vice-President,” the PPM leader tweeted from Oman, where he has been sent as a special envoy of the president.

A vote on incumbent vice president Mohamed Jameel Ahmed’s impeachment is expected next week.

Supporters are meanwhile continuing a social media campaign backing Adeeb for the position. The photo campaign has now gathered some 800 participants. But critics have questioned the need for a campaign noting the president is authorized to appoint whomever he desires to the post.

President Abdulla Yameen’s silence on the new appointment, rumors over Gayoom’s opposition and the “ISupportAdeeb4VP” campaign has triggered speculation that Adeeb’s appointment as the new deputy may not be as certain as it appeared in late June, when the Majlis passed a constitutional amendment that makes Adeeb eligible for the vice presidency.

The amendment sets new age-limits of 30-65 years for the presidency and vice presidency. Adeeb is 33 years old and was previously ineligible as the constitution had said candidates must be above 35 years of age.

Soon afterwards, the tourism minister reprimanded Gayoom’s son, newly elected MP Ahmed Faris, for his absence from the vote.

Accusing Faris of letting Yameen down, Adeeb said in a text message in English: “You cannot differentiate youth or any segment with educated, non educated, poor and rich, beyfulhu [aristocrat] or non beyfulhu [non-aristocrat] etc.”

In a second text message, Adeeb told Progressive Party of the Maldives (PPM) MPs that President Yameen must be allowed to rule without internal resistance. “I have witnessed how difficult it is for HEP Yameen to rule with many frictions, I think we need to discuss this at party level,” he wrote.

Faris’ absence triggered speculation that Gayoom opposed Jameel’s impeachment.

Soon after Haveeru published its article today, Adeeb’s supporters took to social media expressing support for his appointment as the new presidential deputy. “The vice presidency is not reserved for individuals of a particular clan. We must change this way of thinking and allow opportunities for the younger generation,” wrote PPM member Hussain Shinan.

Moosa Anwar, one of the organisers in the campaign told Minivan News today that “the number of people participating in the campaign shows how much support Adeeb has.”

“The current vice president has fled to London and is not doing his job. We are sure Adeeb will make a better VP than Jameel,” he said.

Jameel left to London abruptly the day after the constitutional amendment was passed in Majlis. A 14-day notice for him to answer charges in an impeachment motion submitted to parliament by the ruling party expired today without a written response.

Rumours also spread today about the government is clearing out the vice president’s residence Hilaaleege. However, the Maldives National Defence Force spokesperson denied the claims.

President Yameen is meanwhile yet to publicly comment either on the vice president’s impeachment or a favoured candidate for the post.

Speaking to Minivan News today, president’s office spokesperson Ibrahim Muaz Ali said that “only the president will know who he will appoint to the post, if the post becomes vacated for whatever reasons.”

Yameen is reportedly seeking to replace Jameel over incompetence and disloyalty. In a meeting with the PPM parliamentary group last week, Yameen reportedly showed MPs proof of Jameel’s correspondence with opposition politicians ahead of a mass anti-government protest on May 1. In the messages Jameel reportedly asked if the opposition will let him assume the presidency if Yameen is ousted.

The opposition says Yameen wants to replace Jameel because he is fatally ill and is seeking a more loyal deputy ahead of a major surgery.

Jameel was not available for comment at the time of going to press. In an interview with the New Indian Express, he had labeled his impeachment a constitutional coup and suggested that the international community must intervene.

The PPM has secured the opposition’s backing for the impeachment motion, which was submitted with 61 signatures. A two-thirds majority or 57 votes will be required to vote Jameel out of office.

The parliament has also amended its standing orders to fast track the vice president’s impeachment.

The opposition’s backing for the amendment was widely perceived to be a deal made in exchange for jailed ex-president Mohamed Nasheed’s transfer to house arrest.

The government and Nasheed’s Maldivian Democratic Party (MDP) are currently engaged in talks to resolve a six-month long political crisis.

Likes(0)Dislikes(0)

Comment: Will the new anti-terror bill deter Maldivian ‘Jihadists’?

This op-ed is by Mohamed Hameed, the former head of the police intelligence department.

The first reports of Maldivians joining in and dying in the civil war in Syria came in during mid-2014. Since then, more than a hundred Maldivians, including women and children, are reported to have left the Maldives to fight in battle in the ongoing war in Syria and Iraq, and to live under the banner of the Islamic State. Dozens more have reportedly died. The latest are three young men from Malé’s Kuda Henveiru ward.

The Maldives needs legal measures to prevent the death and the steady outflow of Maldivians, but will the provisions in the new anti-terror bill, drafted by the Attorney General’s Office and submitted to parliament on July 6, act as a deterrent?

The bill metes out a jail term of between 17- 20 years for those who join in a foreign war or leave the Maldives with the intent of joining a foreign war. A jail term of 10 to 15 years is proposed for those who attempt to leave the Maldives with the same intent.

According to media reports, at least two groups of seven Maldivians have been caught in Sri Lanka and in Malaysia while attempting to board flights to Turkey. Under the new law, they may be jailed for up to 20 years.

Harsh penalties can act as a deterrent. But they are not enough.

The Maldives has tough laws on gang violence and knife crime. But the harsh penalties have done little to curb the fatal stabbings. In 2010, in response to a surge in murders of young men, the parliament passed a law banning threats and possession of dangerous weapons. The law metes out a jail term between six months and seven years for threats and up to three years in jail for possession of weapons. However, 12 people were killed in the ensuing two years.

In early 2014, President Abdulla Yameen’s administration removed a six-decade moratorium on the death penalty. In August of the same year, after three young men were stabbed to death in the space of a month, the parliament moved to restrict the right to remain silent and access to a lawyer for suspects. Since the amendments passed in December last year, six people have been killed, including three migrant workers.

Robust laws are never enough.

There have been multiple instances where law enforcement, especially investigative agencies have failed in dealing with cases of serious crime. This has affected public safety, and lead to questions over the force’s competence in protecting the public. The police service is perceived to operate without clear policies and strategies to tackle crime in the Maldives.

The model which the police service uses in order to achieve policing objectives is not known to the public or its officers. Counter-terrorism policing is a more complex subject where success relies heavily on how well regular police work is carried out in partnership with the communities the police service serves.

The criminalization of participation in foreign wars or attempting to do so is a minor aspect of the new anti-terrorism bill. The bill is mainly concerned with defining some 14 other offences as terrorism, including murder, disappearances, kidnappings, damaging property, hijacking vehicles, endangering public health or security, damaging public infrastructure and suspending public services. Punishments range from 20-25 years prison terms for perpetrators, and from 17-20 years for those caught planning a terror act.

Is the Maldives at threat from the above? Since the Sultan Park bomb incident of 2007, how many incidents of terror has the Maldives seen?

These questions are very important as the anti-terrorism bill curtails a host of civil liberties. The home minister is authorized to seek a monitoring and control or monicon order from the High Court to conduct surveillance of suspects, including tagging, restricting place of residence, restricting freedom of movement, intercepting communication and monitoring bank accounts. A monicon order can be issued without the knowledge of the suspect. The home minister only needs to provide the judge with a police intelligence report.

The monicon measures introduced in this bill appears to be modeled on the United Kingdom’s Terrorism Prevention and Investigation Measures (TPIMs) Act, passed in 2011. The law was passed in response to increasing risks of terrorism. The July 7 bombing of 2005 killed 52 and injured more than 700. Further, a significant majority of the UK’s migrant population are from Pakistan, a country considered the “epicenter of terrorism.” Do we face the same threats to justify the granting extensive powers to the law enforcement agencies and the curtailing of civil liberties?

It is also important to note that the prevention and investigative measures outlined in the UK Act is for those suspects who cannot be either prosecuted or deported by the UK authorities. In the case of this bill, monicon measures can be taken against suspects who are prosecuted and under trial, but cannot be held in custody.

While a monicon order can be sought on police intelligence information, it is important to note that there is no special law on the gathering and use of intelligence information. In the absence of such a legal or regulatory framework, there will always be questions over the credibility of such information. The provision of using intelligence in the anti-terrorism bill underscores the immediate importance of a framework on compiling intelligence reports. This framework must be agreed on by the law enforcement agencies, the prosecution authority and judiciary. Investigative agencies must be aware that intelligence information does not always count as evidence. Instead, it is good investigative practices that lead to successful convictions. A heavy dependence and high degree of admissibility for intelligence reports, as provided for in this bill, could lead to ineffective investigations.

It is true that a single act of terror can cripple the Maldives and its economy. The 1990 Anti-Terrorism Act is outdated and insufficient in dealing with the nature of modern crime. But is the proposed bill compatible with the risks Maldivians face?

The Maldivian government is yet to acknowledge how wide spread extremist ideologies are in the country. After months of pretending to have no knowledge of the number of Maldivians leaving for Syria, the home minister in December last year told the parliament there were some 7 Maldivians fighting abroad. The next month, the commissioner of police said the number was more than 50. Media reports since then indicate Maldivians are continuing to leave the country. The police have now begun questioning passengers on board flights to Turkey, even as reports indicated Maldivians were now seeking alternative routes to fly to Syria.

The risk of terrorism must not be underestimated. It is likely that there are some Maldivians with the motivation, the intent and the capabilities of carrying out acts of terror. But the most prevalent threats in the Maldives at present appear to be the recruitment of Maldivians for wars abroad and the spread of extremist ideologies. Although the bill does punish the dissemination of materials published by terrorist organizations, this is not enough to counter radical and extremist ideologies that give rise to terrorism and allow recruitment.

Comprehensive reforms and measures such as public awareness, early intervention and rehabilitation programmes to combat extremism must be put in place, along with or before the passage of this bill. There has to be a comprehensive picture on the problem of religious extremism and a cross-government strategy to tackle it. As a very first step, the government must publicly acknowledge the spread of extremist religious ideologies. Our elected officials must explain to the us the level and nature of threats we are facing and justify why we must allow the state to take away so many of our civil liberties.

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]

Likes(0)Dislikes(0)

Freedom for ex president on the horizon, suggests MDP

The main opposition Maldivian Democratic Party (MDP) has raised hope of freedom for convicted opposition leader and former president Mohamed Nasheed by July 26, the day Maldives marks 50 years of independence from the British.

Speaking at a press conference after a third meeting of talks between the MDP and the government, MP Ibrahim ‘Ibu’ Mohamed Solih said: “When we celebrate the golden jubilee of independence on July 26, our aim, our hope is that everyone is able to celebrate the day happily and in freedom.”

Nasheed’s jailing on terrorism charges, relating to the arrest of a judge during his tenure, sparked months of daily protests and historic anti-government marches. Diplomatic pressure has been mounting on President Abdulla Yameen to release Nasheed and other political prisoners, including two former defence ministers and ruling party MP.

While Ibu struck a hopeful tone, the government representative, home minister Umar Naseer was more cautious. He said the government had made no commitments on releasing jailed politicians, but reiterated that the government stands ready to make compromises for long-term stability.

Nasheed was transferred to house arrest in late June after the opposition backed a constitutional amendment that will allow President Abdulla Yameen to replace his deputy.

Naseer tonight hailed slow and steady progress in talks and said: “I now believe there is nothing we cannot resolve.”

“On whether political leaders will be released, we did not give any commitments. But we did give one commitment, that is to make concessions, to make compromises where possible. We want to ease political tensions. For there to be engagement and dialogue between the MDP and the government. If such an environment is created, it will be easier for us to make concessions. I cannot directly state that the government will make a specific compromise. But I will say if such an environment is created, the government stands ready to make all compromises. In the past three weeks, we have made compromises, and we have seen progress. This does not happen with just one meeting. This is the third official meeting between MDP and the government. In other countries, it can take 100 meetings,” he said.

Since Nasheed’s transfer to house arrest, the government has removed a freeze on Jumhooree Party leader and MP Gasim Ibrahim’s tourism businesses. Gasim, who had spent nearly three months abroad amidst rumors of impending arrest, returned to the Maldives on Sunday morning.

Gasim’s JP had also backed the constitutional amendment. The parliament is due to vote to impeach vice president Dr Mohamed Jameel Ahmed by July 26. Many believe the president is seeking to replace Jameel because he wants a more loyal deputy ahead of a major surgery for a life-threatening condition.

Ibu said: “Even if we do not say a specific action will be taken on a specific date, you will see actions from both parties… You will see results. We are not able to share some of the discussion points with the media yet, so we have not shared them, but we are on a good foundation. I am certain of that. Now we have to proceed. And I received that certainty tonight as well.”

The MDP has repeatedly said Nasheed’s freedom is the party’s highest priority.

The two representatives also said they have established a hotline to facilitate communication and to resolve any issues that may come up.

“There’s been progress, You will be able to see this in the future. Talks are proceeding in a friendly and conciliatory environment. I note we are already seeing results. The public will see even more progress when we sit for a next meeting,” Ibu said.

The fourth meeting of talks has been scheduled for July 21.

Naseer meanwhile said the government, at the ongoing talks, is not pressuring Nasheed to appeal his 13-year jail term at a domestic appellate court. The foreign ministry this weekend urged the opposition leader to appeal in a response to the UN working group on arbitrary detention.

Naseer also said the government will look at provisions in the Clemency Act and the Parole Act in reducing jail terms or releasing other jailed politicians, but only after they exhaust appeal processes.

“We can only take measures through the law. We have the Clemency Act, and the Parole Act. We will review that when it gets to that stage. This government wants to calm political tensions, to establish stability and to establish a conducive environment by which we can provide the public with the services and the development they seek. As I said before, these talks are not about the present, but also the political future of the Maldives.”

The MDP has proposed six measures for political reconciliation at the ongoing talks. In addition to asking for the release of politicians and withdrawing “politically motivated charges” against some 1400 opposition supporters, the party has also called for an independent inquiry into the murder of MP Afrasheem Ali and the disappearance of Minivan News journalist Ahmed Rilwan.

Discussions have not progressed on the latter demand yet.

Naseer meanwhile said the government is reviewing the charges against the 1493 people. “This government does not want to charge and punish those who have committed minor offences in political activities. President Yameen has given me a special instruction on this,” he said.

However, the government does not want to be lenient on individuals who may be pretending to be political prisoners, especially those with criminal records, he said.

The government has also committed to speeding up progress in the separate talks with the JP and the religious conservative Adhaalath Party.

Another major demand by the MDP in the ongoing talks is a change from the Maldives’ presidential system of government to a parliamentary system. Discussions on the system of governance will take place at a second stage of talks, the representatives said at an earlier press conference.

Likes(0)Dislikes(0)

Islamic ministry flags publication of religious books without permission

The Islamic ministry has raised concern over publication of  books on Islam in Dhivehi without official approval.

In an announcement, the Islamic ministry noted that the 1994 religious unity law requires written permission from the ministry to preach, deliver sermons, and publish books concerning religion.

The ministry said it has learned that books on Islam and Dhivehi translations of verses and parts of the Quran have been published without authorisation.

The ministry appealed for compliance with the law in publishing religious literature.

The requirement was introduced through amendments brought to the Protection of Religious Unity Act in March 2014. The amendments prohibited “sowing religious discord” in the community, outlawed independent or unauthorised prayer congregations, and required Islam to be taught as a compulsory subject in all public and private schools from grade one to 12.

The changes also criminalised the construction of places of worship for other religions, the sale, possession, or advertisement of expressions or slogans of other religions and the importation, display, advertisement and sale of books of other religions.

Seeking financial assistance from foreigners to propagate other religions was prohibited while permission must be sought in writing from the Islamic ministry before accepting a salary, funds, or a gift from a foreign party for conducting religious activities in the country.

Similar provisions were included in the religious unity regulations enforced in September 2011 to crack down on extremist and unlicensed preaching of Islam in the country.

Meanwhile, in September last year, the national bureau of classification enacted new regulations that subjected the publication of prose and poetry in the Maldives to government approval.

The regulations were enforced to ensure that books and other material adhere to “societal norms” and to reduce “adverse effects on society that could be caused by published literature.”

The Maldives High Commission in the UK told the Guardian newspaper at the time that the regulations would not “limit or interfere with freedom of expression derived from the Constitution, or constructive new thoughts.”

The regulations “only formalise an approval process that has been in operation for a number of years”, the high commission insisted, adding that the “most significant development of the new regulations is that they have reduced the amount of time for books and poetry to be approved”.

“The regulations were made public to ensure that all poetry and books published in Dhivehi [the Maldivian language] are published in accordance with the societal norms of the Maldives, and in accordance with the laws and regulations governing the Republic of Maldives. This is intended to protect the 2,000-year-old history of our unique language,” said the commission.

 

Likes(0)Dislikes(0)

Mandhu College announces partnership with international universities

Mandhu College signed four Memoranda of Understanding (MoUs) with foreign universities yesterday to enable students to transfer to UK degrees, becoming the first Maldivian higher education institute with direct credit transfer arrangements with international universities.

The private college said in a press release that MoUs were signed with Westminster International College, Brickfields Asia College, SG Academy, and MAHSA University. All four institutions are based in Malaysia.

“With these collaboration arrangements Mandhu College aims to provide a formalised pathway for credit transfer for students,” the press release explained.

“Furthermore, this collaboration aims to facilitate students to transfer to a higher level program at the respective universities, thereby reducing duplication of instruction and enhance earning of academic credits, which will ultimately lead to reduction of costs and time students have to spend to earn these qualifications.”

Last month, the education ministry evicted Mandhu College from its premises in the old Malé English School (MES) building following a protracted dispute.

The college has since reopened in a new three-storey building on Majeedhee Magu near the Reefside shop.

Under its partnership with Westminster International College – a division of London School of Commerce Groups of Colleges – the college explained that students who complete the Mandhu College Foundation for Degree Studies programme will be given entrance to complete their degrees in Malaysia and UK in the field of business studies.

Students who complete the Diploma in Business at Mandhu College will also be admitted into the second year of BA (Hons) Business Studies to complete their degrees in Malaysia and UK.

The Brickfields Asia College will meanwhile accept students who graduate from the Mandhu College Foundation for Degree Studies programme to complete their degree via UK degree transfer programme in the fields of mass communication, business studies, human resource management, business administration, accounting, finance and law.

The UK degree transfer programs are awarded by over 10 renowned universities in the UK, the college noted.

The partnership with with the SG Academy involves the exchange of expertise and knowledge in skill related programmes. “The five star rated institute by the Department of Skill Development of Malaysia awards qualifications from City and Guilds, UK,” the press release stated.

The MoU with the MAHSA University in Malaysia meanwhile “facilitates students graduating from Mandhu College Foundation for Degree Studies Program to gain entrance to degree programs in Nursing studies, biomedical sciences, environmental health and safety, medical imaging, physiotherapy, medicine and pharmacy studies.”

The college said its ‘Going Global’ initiative will “expand learning opportunities for students and at the same time it will enable to establish international education programs that will enhance student’s global engagement and diversify their thinking.”

Likes(0)Dislikes(0)