Tag: maldives

Maldives given final chance to avoid tier 3 in human trafficking report, face possible sanctions

The Maldives has been placed on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year.

As with last year’s report, the country avoided a downgrade to the lowest tier “because [the] government has a written plan that, if implemented, would constitute making significant efforts to meet the minimum standards for the elimination of trafficking.”

However US Ambassador-at-large for the Office to Monitor and Combat Trafficking in Persons, Luis CdeBaca, noted during the release of the report that the six countries again spared a downgrade would not be eligible next year – including Afghanistan, Barbados, Chad, Malaysia, Thailand and the Maldives.

This was, he noted, intended to prompt action in countries that were “getting comfortable being on Tier 2 Watch List, doing a minimum amount, not really doing all that much, not on the upward trajectory of a Tier 2 or a Tier 1 country.”

Tier 3 countries are defined by the State Department as those which “neither satisfy the minimum standards for the elimination of trafficking nor demonstrate a significant effort to do so”, and are open to non-humanitarian and non-trade international sanctions.

Human trafficking in the Maldives

The Maldives is a destination country for human trafficking, including sex trafficking and particularly forced labour and debt bondage. Maldivian children were also trafficked within the country, the State Department noted.

“An unknown number of the approximate 150,000 documented and undocumented foreign workers in Maldives – primarily Bangladeshi and Indian men in the construction and service sectors – face conditions of forced labor: fraudulent recruitment, confiscation of identity and travel documents, withholding or nonpayment of wages, and debt bondage,” the report stated.

“Migrant workers pay the equivalent of approximately US$1,000 to US$4,000 in recruitment fees in order to migrate to Maldives, contributing to their risk of debt bondage inside the country.

“In addition to Bangladeshis and Indians, some migrants from Sri Lanka, Pakistan, and Nepal reportedly experienced recruitment fraud before arriving in Maldives.

“Recruitment agents in source countries collude with employers and agents in Maldives to facilitate fraudulent recruitment and forced labor of migrant workers.”

Despite widespread acknowledgement of the practice and the government’s submission of a draft anti-trafficking bill to parliament in December 2012, the Maldives still has no specific laws prohibiting human trafficking and “the government of the Maldives made minimal anti-trafficking enforcement efforts during the year.”

While forced labour was prohibited under the 2009 Employment Act, it was not penalised, the report noted.

“The government reported investigating four and prosecuting two sex trafficking cases in 2012, compared to no prosecutions recorded in 2011,” the report stated.

However “the government did not report any prosecutions of government employees for alleged complicity in trafficking-related offenses [and] the absence of government translators prevented foreign trafficking victims from pursuing recourse through the Maldivian legal system.”

Deport first, ask questions later

Instead, the government focused on deporting undocumented immigrants without screening them for indications of human trafficking.

“Some of these immigrants subsequently were identified by a civil society group as trafficking victims,” the report noted. “Due to a lack of comprehensive victim identification procedures, trafficking victims may have been inappropriately incarcerated, fined, or otherwise penalised for unlawful acts committed as a direct result of their being trafficked.”

The State Department report specifically noted that between March and December 2012 the government “arrested, imprisoned, and deported 29 foreign females for prostitution at beauty salons without first identifying whether they were sex trafficking victims.”

“The government did not provide foreign victims with legal alternatives to their removal to countries where they might face hardship or retribution. Authorities did not encourage victims to participate in the investigation or prosecution of trafficking offenders. Police officers reported that suspected trafficking victims were fearful of being arrested or deported by the police,” the report stated.

The focus on deportation was noted, with government officials even observing that the Maldives “had not meaningfully addressed the role Maldivian recruitment agents play in facilitating human trafficking.”

Police were reported to have fined three local recruitment agencies found to have engaged in fraud and forgery, however “no labor recruiter or agency was criminally prosecuted for fraudulent recruitment practices”, despite the creation of a recruitment agency oversight body in April 2011.

Sex trafficking

The report noted that a “small number” of women from Sri Lanka, Thailand, India, China, the Philippines, Eastern Europe, and former Soviet countries, as well as some girls from Bangladesh and Maldives, “are subjected to sex trafficking in Male.”

Domestic trafficking involved the transport of children from their home islands to the capital Male for the purposes of forced domestic servitude, with some also facing sexual abuse.

The report noted that while the 2009 Child Sex Abuse Act criminalised the prostitution of children with a penalty of up to 25 years’ imprisonment for violations, Article 14 of the same act “provides that if a person is legally married to a child under Islamic Sharia, none of the offenses specified in the legislation, including child prostitution, would be considered a crime.”

“The government did not report any efforts to reduce the demand for commercial sex acts during the year,” the report noted.

Recommendations

The Maldives’ entry in the State Department’s report concluded with a long list of specific recommendations for the Maldives to combat human trafficking, and avoid the now otherwise inevitable downgrade to Tier 3 in June 2014.

These recommendations included:

  • Pass and enact legislation prohibiting and punishing all forms of trafficking in persons;
  • clearly distinguish between human trafficking, human smuggling and the presence of undocumented migrants in legislation, policies, and programs;
  • develop and implement systematic procedures for government officials to proactively identify victims of trafficking among vulnerable groups, such as undocumented migrants and females in prostitution;
  • ensure that trafficking victims are not penalized for acts committed as a result of being trafficked;
  • increase efforts to investigate and prosecute suspected trafficking offenses respecting due process;
  • work to ensure that identified victims of trafficking are provided access to victim services;
  • enforce prohibitions of passport retention by employers;
  • raise public awareness of human trafficking through media campaigns;
  • provide translators to police and other law enforcement authorities to ensure foreign workers are able to participate in investigations and prosecutions against their alleged traffickers;
  • improve inter-ministerial coordination on human trafficking issues;
  • ensure that changes to labor migration policies for the purpose of reducing human trafficking do not restrict legal migration;
  • take steps to ensure that employers and labor brokers do not abuse labor recruitment or sponsorship processes in order to subject migrant workers to forced labor;
  • accede to the 2000 UN TIP Protocol.
Likes(0)Dislikes(0)

MDP Youth Wing President sues police for “unlawful” confiscation of mobile

The Youth Wing President of the Maldivian Democratic Party (MDP), Aminath Shauna, is suing the Maldives Police Service (MPS) for the “unlawful” confiscation of her cell phone, reports local media.

Her mobile phone was confiscated following her arrest during a July 2012 MDP protest. As her phone was held against a court order, according to Shauna, she is seeking a Civil Court ruling that declares the police action was illegal.

“I was arrested on allegations that I obstructed police duty. After arresting me around 6pm, the [Criminal] court order to confiscate my phone was sought around 10pm,” Shauna told local media. “The court order’s date was stated as July 7, but I was arrested on July 13.”

MPS attempted to return her mobile after she filed the Civil Court case, however Shauna refused to accept the phone until the court issues its verdict.

“I said I will accept the phone only after the court makes a decision on the matter,” Shauna said.

“Moreover, only through the trial I came to know that the police are trying to place terrorism charges against me. But I was arrested on charges of obstruction of police duty,” she added.

Likes(0)Dislikes(0)

PPM schedules Funadhoo island “mega-rally” for Thursday

The Progressive Party of Maldives (PPM) has been campaigning across Shaviyani Atoll this week ahead of attempts to hold a “mega-rally” on the island of Funadhoo on Thursday (June 27).

PPM MP Ahmed Nihan has said that a delegation including party presidential candidate MP Abdullah Yameen and his running mate Dr Mohamed Jameel Ahmed had so far campaigned on six islands in the atoll as part of the week-long trip expected to conclude Friday (June 28).

He said that MP Yameen has been travelling door-to door to meet voters and discuss his plans for economic development should he be voted president during September’s election.

Nihan added that the PPM had pledged would to put a high priority on economic development in Shaviyani Atoll, which he said lacked a regional airport that had in turn limited the local population’s access to the capital and other population centres.

He said that the party was already seeking to negotiate with the government for new resort developments in the atoll to facilitate jobs and economic growth to aid local development.

Nihan said that Funadhoo has traditionally been seen as a stronghold in terms of support for PPM founder and former Maldives President Maumoon Abdul Gayoom’s former party, the Dhivehi Rayyithunge Party (DRP) – now led by MP Ahmed Thasmeen Ali.

However, he claimed that during the visit, a large number of islanders had expressed support for Gayoom and the PPM, which he founded in 2011 after breaking away from the DRP.

Likes(0)Dislikes(0)

Pressure growing in PPM to quit coalition government: MP Nihan

Pressure is growing in the Progressive Party of Maldives (PPM) for its council to decide whether to continue backing President Dr Mohamed Waheed’s government ahead of September’s presidential election, a party official told Minivan News.

PPM MP Ahmed Nihan said the party has grown increasingly concerned at what it believed were “deliberate” attempts by President Waheed to try and discredit the party and its members to boost his own election campaign.

Nihan said that once senior party officials returned from campaigning this week in Shaviyani Atoll, he expected the PPM council would need to hold discussions on whether to remain in the current coalition government.

The ‘forward with the nation’ coalition backing Waheed dismissed the notion of a split within the government before voting begins, claiming that all parties were expected to stick with the present administration until September’s vote.

However, Nihan said despite the dismissal of several high-profile PPM members from Waheed’s government over the last week, the president had not attempted to make a single call to the party’s presidential candidate, MP Abdulla Yameen.

“We are a government stakeholder, yet not a single call has been made [by President Waheed] to Yameen,” he claimed. “This is the level of how the government operates now.”

Nihan alleged that the government was being run as if it was solely operated by the president’s Gaumee Ithihaad Party (GIP), rather than a collection of different parties.

PPM concerns

While not being able to speak for the PPM before an internal vote was taken, Nihan said party councillors and general members had continued to raise concerns about President Waheed’s conduct towards the party and its representatives in government.

He added that with PPM founder former President Maumoon Abdul Gayoom expected to return from a visit to Malaysia around June 29, the issue of the party’s ongoing support for the current government would need to be discussed.

“I would hope a motion will be discussed concerning leaving the current government in the coming week after the campaign trips are over,” Nihan said.

“A lot of damage has been done, and there is a belief this has been masterminded by GIP loyalists to discredit the party in the outer islands. It has had the opposite effect though,” he added.

Nihan said a many concerns were raised by members of the perceived deliberate attempt to remove PPM representatives in the government “one by one”.

On Thursday (June 20), Sun Online reported that PPM member Abdullah Nashid was dismissed by the government over accusations he had been involved in corruption.

During the same week, the President’s Office announced it had dismissed Deputy Tourism Minister Mohamed Maleeh Jamal and Minister of State for Economic Development Abdulla Ameen from the government at the insistence of their former party, the DQP.

Former Deputy Minister Maleeh expressed his belief at the time that he had been fired because of his support for the presidential candidate of PPM, MP Abdulla Yameen.

On the back of the dismissals, the PPM told local media on June 20 that it would consider leaving the government should the party’s deputy leader and current Minister of Tourism Ahmed Adheeb be fired from his post.

On Wednesday (June 19), Adheeb was accused of running his ministry in an “unacceptable” manner by Mariyam Mizna Shareef who announced her resignation as minister of state for tourism, arts and culture in protest.

Contacted by Minivan News after announcing her resignation, Mizna declined to discuss her position further, requesting to stay clear of the country’s political arena and media attention.

“Political games”

Nihan today accused Mizna, who is the daughter of DRP Spokesperson Ibrahim Shareef, of playing “political games” in what he said was a bid to launch unproven allegations against Minister Adheeb to discredit him.

“Adheeb is the elected deputy leader of our party and is also a great young politician in the country,” he said, “[Mizna] was given her position as a present from [DRP Leader] Ahmed Thasmeen Ali who campaigned to get her the position.”

Nihan alleged that Mizna’s father, Ibrahim Shareef was seeking to blame any negative coverage of the present administration as being the fault of the PPM, as part of President Waheed’s aim of removing its members from the government.

He also accused Shareef of questioning the need to retain the PPM within the present government ahead of elections.

Despite the PPM previously raising concerns over what it claimed was President Waheed’s use of state fund and resources to give his own party an unfair campaign advantage, party officials have maintained that they would remain in the coalition as part of what it claimed was attempt to run the nation in a stable manner.

Nihan said today that the party would continue to look at whether it was in the best interest of the Maldivian people for the party to remain in the present coalition, before any decisions were taken by party members and senior officials.

Despite the PPM’s decision to stand directly against Dr Waheed in the presidential election, Abdulla Yazeed, a spokesperson on the media team of the president’s ‘forward with the nation’ coalition, today dismissed the likelihood of the PPM prematurely leaving the present government.

Yazeed told Minivan News that he did not believe a split in the current administration was imminent, adding that all parties were committed to ensuring the state continued to run effectively ahead of the upcoming vote.

Contacted by Minivan News today, DRP Parliamentary Group Leader Dr Abdulla Mausoom refused to speculate on whether the PPM would remain as a member of the current government up to September’s election.

However, Dr Mausoom dismissed the threat to the coalition’s campaign from the PPM standing as an election rival, claiming the MDP was the only “reasonable competitor” that stood a chance of beating President Waheed’s coalition in September.

He claimed that the party was also confident that no single candidate would have sufficient electoral support to secure a first round election victory, that voters disenchanted with the MDP candidate former President Mohamed Nasheed’s three years in government would look to President Waheed as an alternative to previous administrations.

President’s Office Media Secretary Masood Imad was not responding to calls at time of press.

Presidential candidates

Of the parties presently part of the coalition government, the PPM announced it would be fielding its own presidential candidate to contest the election after MP Yameen was declared the winner of a primary election against rival Umar Naseer in March this year.

Fellow government-aligned parties including the Dhivehi Qaumee Party (DQP), the Dhivehi Rayyithunge Party (DRP) and the religious conservative Adhaalath Party have all pledged to back President Waheed and his Gaumee Ithihaad Party (GIP) in the election.

The government-aligned Jumhoree Party (JP) meanwhile said last week that it would not make a decision on whether to join President Waheed’s coalition before its national congress scheduled for later this month, despite anticipating that it will field its own candidate – expected to be party founder and leader Gasim Ibrahim.

Likes(0)Dislikes(0)

MDP MP Jabir claims MVR 77 million in compensation for arrest

Maldivian Democratic Party (MDP) MP and businessman Abdulla Jabir has filed a case against police alleging that his arrest damaged himself and his family, and claimed MVR 77 million (US$5 million) in compensation.

According to local media, the first hearing into the case was held at the Civil Court yesterday where the state attorney told the court that no court of law had declared that the arrest was unlawful.

Media reported that Jabir’s wife, former Attorney General and SAARC Secretary General Dhiyana Saeed, acted as his lawyer.

Likes(0)Dislikes(0)

Anil Adam appointed new deputy tourism minister

Anil Adam has been appointed as the new Deputy Minister of Tourism, Arts and Culture, the President’s Office has announced today.

Adam will replace Mohamed Maleeh Jamal, who was dismissed as deputy tourism minister by the government last week at the behest of his former party, the Dhivehi Qaumee Party (DQP).

Likes(0)Dislikes(0)

Former MDP MP Musthafa to ask Supreme Court to declare DRP Leader Thasmeen’s seat vacant

Former Maldivian Democratic Party (MDP) MP Mohamed Musthafa has said he is filing a case in the Supreme Court requesting the apex court declare the seat of Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali vacant, over unpaid debts.

Musthafa contends Thasmeen – recently appointed President Mohamed Waheed’s running mate ahead of September’s election – had not paid loans he took from Deputy Speaker of Parliament Ahmed Nazim or those taken from the Bank of Maldives in the name of a company of which he is a shareholder.

Musthafa himself was disqualified from the parliament in 2012 over an unpaid decreed debt, which the court concluded had rendered him constitutionally ineligible to remain in the seat.

As a consequence, Mustafa said that there was precedent for the court to declare Thasmeen’s Kendhoo Constituency seat vacant.

On June 17, the Civil Court ordered all Thasmeen’s bank accounts of frozen, and ordered immigration to withhold his passport following a case filed by Deputy Speaker Nazim to recover a debt of MVR 1.92 million (US$124,513).

Nazim filed the case requesting enforcement of a Civil Court verdict in April 2011 – upheld by the High Court in April 2013 – ordering the vice presidential candidate to pay back the money.

MP Nazim, of the Progressive Party of the Maldives (PPM), initially sued Thasmeen in March 2011 to recover the remainder of a loan worth MVR 2.55 million (US$200,000). After the Civil Court ruled in favour of Nazim, Thasmeen appealed the judgment at the High Court in June 2011.

In October 2011, the High Court upheld Civil Court verdicts ordering Mahandhoo Investments and Kabalifaru Investments – two companies with ties to Thasmeen – to repay millions of dollars worth of loans to the Bank of Maldives Plc Ltd (BML).

In the first case involving Mahandhoo Investments, BML issued a US$23.5 million demand loan, a US$103,200 bank guarantee and US$30,090 letter of credit on July 10, 2008.

The second case involved a US$3.3 million loan issued to Kabaalifaru Investment. The appeal of a Civil Court verdict on September 30, 2009 ordered the company to settle the debt within 12 months.

Meanwhile, a third case involving a Civil Court verdict in December 2009 ordered luxury yachting company Sultans of the Seas – with close ties to the DRP leader – to pay over US$50 million in unpaid loans, including incurred interest and fines, was appealed at the High Court.

In September 2009, Maldives Customs filed a case at Civil Court to recover US$8.5 million from Sultans of the Seas in unpaid duties and fines for allegedly defrauding customs to import two luxury yachts, and in February 2010 the court ordered the company to pay MVR 110 million (US$7 million) as fines and unpaid import duties.

Precedent

In July 2009, then-PPM Vice President Umar Naseer filed a case against Musthafa shortly after the MP won the election for Thimarafushi constituency against former President Maumoon Abdul Gayoom’s son, Gassan Maumoon.

Umar Naseer contended that Musthafa not repaid a loan of US$31,231.66 (MVR 481,952) borrowed from the Bank of Credit and Commerce International (BCCI) according to the court order and therefore must be removed from parliament for the violation of article 73(c)1.

According to the article 73(c)1 of the constitution, “a person shall be disqualified from election as, a member of the People’s Majlis, or a member of the People’s Majlis immediately becomes disqualified, if he has a decreed debt which is not being paid as provided in the judgment.”

Likes(0)Dislikes(0)

President appoints Judicial Adminstration Spokesperson as his JSC representative

President Dr Mohamed Waheed has appointed Judicial Administration Spokesperson Latheefa Gasim as his representative on the Judicial Service Commission (JSC).

A statement from the President’s Office said Waheed presented the letter of appointment to Latheefa Gasim this afternoon, after she took an oath of JSC membership administered by Supreme Court Justice Abdulla Areef.

Waheed’s previous representative, Mohamed ‘Reynis’ Saleem was removed from his post last week following a police investigation into his alleged use of gangs for the purposes of extortion.

The lower courts threw out a police request for a warrant to arrest Saleem, a decision which was upheld by the High Court on appeal.

The JSC is the watchdog body charged with overseeing the professional and ethical conduct of the judiciary, and has faced sharp criticism both locally and internationally over its lack of independence and politicisation.

Likes(1)Dislikes(0)

Maldives failing to uphold international human rights obligations: Forum Asia

The Maldives has failed to uphold its obligations to core international human rights treaties related to freedom of expression, assembly and association, the regional NGO Forum Asia has concluded.

The Asian Forum for Human Rights and Development (Forum Asia) – a regional human rights NGO with 47 member organisations from 16 Asian countries – evaluated the promotion and protection of these core human rights in the Maldives in regard to September’s presidential elections during their recent mission to the Maldives.

Forum Asia noted the “shortcomings in the laws relating to freedom of assembly”, particularly relating to the “shrinking space” for the exercise of the right to assemble as well as the right of all workers to associate and assemble, during their press conference held Saturday (June 22).

Reports of security forces engaging in excessive use of force to prevent and disburse assemblies, also “concerned” the Forum Asia mission.

Security personnel were urged to exercise restraint and refrain from using excessive force, irritants, or dyes on assemblies, while the Police Integrity Commission (PIC) has been asked to closely monitor and prevent such situations, said Forum Asia.

“We hope that the PIC and the security forces will work together to ensure they are able to resort to reasonable and internationally accepted means while engaging with assemblies,” said Forum Asia’s South Asian Programme Officer Gayatri Khandhadai. “Similarly we hope that all protesters also resort to peaceful and democratic means while exercising their right to assembly.”

“We are particularly also worried about the restrictions placed on journalists covering these protests,” she added.

Khandhadai highlighted that it is unrealistic for journalists to seek accreditation for different types of events – protests, cultural events, etc – given the time and energy involved in the registration process.

“Media is the platform that brings information to the people, so media must have free access. we have requested to amend the laws on the basis of practicality because Maldives also belongs to the civilized world of the 21st century,” said Forum Asia Chairperson Subodh Raj Pyakurel.

“It may be legal to put some kind of regulation and restriction process etc, but this is not legitimate, because one journalist can go anywhere, anywhere, informally,” he noted.

Forum Asia also identified “difficulties faced by the various associations”, including NGOs, professional associations, trade unions, community based organisations, and political parties, in the Maldives attributed to “unclear regulations, especially relating to registration.”

Human rights perspective needed

The limitations codified in the ‘Freedom of Peaceful Assembly Act’ “must be amended to meet constitutional guarantees and international norms”, the organisation stated.

“There has to be a method – on paper and in practice – for what are the different peaceful engagements you have to have with the crowds,” said Khandhadai.

“These rights are particularly important to ensure ahead of elections” and to guarantee peaceful and inclusive elections occur, she added.

The Government of Maldives was also compelled to implement recommendations made by the Human Rights Commission of the Maldives (HRCM) and PIC.

Additionally, political parties were requested to “adopt a human rights perspective and formally include the promotion of human rights in their official agendas and manifestos prior to elections”.

The Forum Asia mission also “implored the Maldives’ government, judiciary, legislature, independent commissions and media to develop and strengthen their engagement with civil society organisations, which are essential for a healthy democracy”.

Meanwhile, civil society and human rights defenders within the Maldives were encouraged to unite in solidarity and engage with the state to promote a culture of human rights in the country, said Forum Asia.

Use of force disastrous

Having less than 10 percent of Male’ available for protests is “quite a worrisome issue”, said Khandhadai.

Unprovoked actions against demonstrators have been seen in the Maldives and it is necessary to identify whether that use of force could have been avoided or not, as well as whether the crowd was posing a threat, noted Khandhadai.

“The points to be taken into consideration are what would have happened if that force was not used,” she explained. “If any other means could have been put in place to disperse that crowd, or even if that crowd needed to be disbursed to start with.”

“I’m particularly worried about the sanction of the use of irritants in a space like Male, which is particularly small… and shrinks the already small area where people can protest,” she continued.

Sanctioned or encouraged use of force within that small space “will become very, very difficult and disastrous even,” Khandhadai added. “The only solution is to promote a culture of peaceful engagement.”

Pyakurel echoed these sentiments and emphasised that holding democratic elections means maximising public mobilization.

“During the elections we always expect that each and every citizen has the opp to interact and understand,” he noted.

“People [protesting] become destructive only when they are restricted, if you don’t restrict them they don’t become destructive,” he continued.

“Discipline is a must but it should be regulated through a very concrete and specific law, not the will of the [police] officer – that creates a problem,” he added.

Likes(1)Dislikes(0)