Sacked Human Rights Minister files case in court to declare Waheed government illegitimate

A legal team led by sacked Human Rights Minister Fathimath Dhiyana Saeed has filed a case at the High Court, requesting it rule that former President Mohamed Nasheed’s resignation was obtained under duress and the transfer of power on February 7, 2012 was illegitimate.

Nasheed’s resignation followed 22 days of continuous protests backed by religious scholars, opposition leaders and mutinying police and military officers, in mid-January 2012, over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed. Nasheed’s Vice-President Mohamed Waheed Hassan subsequently ascended to power.

Following resignation, Nasheed and his Maldivian Democratic Party (MDP) claimed he was forced to resign under duress and that his government was toppled in a bloodless coup d’etat.

Dhiyana Saeed, formerly a member of President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has released a personal memoir explaining her interpretation of Waheed’s ascension to power. The former SAARC Secretary General also alleged that Nasheed’s political rivals had conspired to assassinate him.

Speaking to Minivan News, Saeed confirmed that the High Court had accepted the initial paperwork. However, a final determination to formally accept the case will be made after review of the paperwork.

According to local media, lawyers joining Saeed in the petition include Ishraq Thaufeeg and Aiminath Nazlee, both whom currently represent Saeed’s newly founded law firm, Fanandheeb Chambers.

Speaking to local media outlet Channel News Maldives, Thaufeeg said following legal reviewing of the circumstances, the firm had noticed several legal inconsistencies and lapses that suggested the transfer of power took place illegally.

He also said that public still questions the legitimacy of President Mohamed Waheed Hassan’s government, and that therefore it was important that a court of law decides on the matter.

Saeed alleged in her memoir that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.

Parliament’s Executive Oversight Committee’s review of of the report revealed several concerns including omission of key evidence and witness statements.

Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.

He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their infmrmation was wrongly presented”.

To support its claims, the parliamentary select committee released audio recordings of all the statements given by the witnesses. These included former police and military chiefs and officers, who claimed that Nasheed had no option but to resign.

Former Chief of Defence Force Moosa Ali Jaleel was heard telling the committee that he “fully believed that President Nasheed resigned under duress”.

He added that the circumstances leading up to the resignation of former President gave rise to the fact that resignation was obtained by “illegal coercion”.

Meanwhile former Police Chief Ahmed Faseeh told the committee that police officers who gathered in Republican Square on February 7 had disobeyed orders and their actions were grossly inconsistent with the Police Act, as well as professional standards established within the police.

Former Maldives National Defence Force (MNDF) Intelligence Head Brigadier General Ahmed Nilam also testified to the committee that Nasheed was ousted in a coup, claiming that events on February 7 fulfilled all the essentials of a coup.

“Academically speaking, the events on February 7 fulfilled all the essentials of a coup. It involved all the features of a coup that are widely accepted around the world. Some of the elements take place before the toppling of a president. Others take place spontaneously,” he said.

Leaked statements given by key witnesses of the events to CNI, also suggested that the transfer of power took place illegitimately.

In the transcript of the statement given to CNI by MNDF Staff Sergeant Shafraz Naeem – the commander of the riot squad of the Bandara Koshi (BK) Battalion on the day – said that he also believed that Nasheed was ousted in a coup.

“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he told the CNI.

Meanwhile President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.

“In essence, my statement is very small. I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign,” he said.

On September 2012, following the release of the report, a legal analysis of the CNI’s report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General concluded that the report was “selective”, “flawed”, and “exceeded its mandate”.

“The report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law,” observed the report.

The Sri Lankan legal team also contended that “there is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

The CNI report dismissed this theory.

“In summary, the commission concludes that there was no illegal coercion or intimidation nor any coup d’état. The commission has received no evidence supporting or to substantiate these allegations. This disposes the main mandate of the Commission,”

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Sun article alleging Indian deportation of Maldivian nationals “mischievous” misinformation: High Commissioner Mulay

Indian High Commissioner to the Maldives D M Mulay has accused local news outlet Sun Online of attempting to “mischievously” spread misinformation, after it published an article alleging that India had begun to deport Maldivian nationals.

On Tuesday (March 19), Sun published an article claiming that the Indian Bureau of Immigration had been informing Maldivians – who are residing in India without a specific reason – to leave the country.

The article entitled ‘More difficulties for Maldivians living in India’ has attracted criticism from both the Indian High Commission and the Maldives Foreign Ministry, who have both denied any knowledge of such practices being undertaken.

Speaking to Minivan News, High Commissioner Mulay claimed that the Sun article was an attempt to spread incorrect information between both India and the Maldives.

“We have not received any such reports from our country regarding this matter. The article is a mischievous attempt to spread misinformation between the two countries,” said Mulay.

The article reported that Mohamed Ashraf, a Maldivian who has been living in India with his family since 2008, was suddenly told by Indian immigration to leave the country within seven days.

When Ashraf had asked for the reason for his sudden deportation, Indian immigration allegedly told him they were not required to give any reason to foreigners living in the country, the article states.

The article further claimed that a Registration Officer had told Ashraf that “more Maldivians will be issued such orders in the future”.

A media official from the Maldives Foreign Ministry said that it had not received any information regarding the issue, stating that “these things are all rumours”.

Responding to the criticism, Editor of Sun and Maldives Journalist Association (MJA) President Ahmed ‘Hiriga’ Zahir stated that the news outlet did not speculate or provide misinformation through its reports.

“The information we published is from the interview we got from the guy [Ashraf]. It is a practice of freedom of expression,” he said.

“We have received a lot of complaints from people living in India and they say they are having difficulties with visas. We are carrying people’s opinions.”

While Sun was able to obtain a copy of the document ordering Ashraf to leave the country, the article does not state whether any relevant government officials had been contacted for comment.

An official from within the Indian High Commission further denied that the Indian government was “clamping down” on Maldivians living in the country.

“There is no clamp down, except on those who flagrantly violate visa conditions. For example, people running guest houses on dependent visas.

In regard to the published article, the official asked: “Since when do we start believing in all media news? Most ‘news’ is published without checking with relevant parties.

“Incidentally, I still do not see any progress on any of India’s concerns like the seizure of passports [in the Maldives],” he added.

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National census scheduled to commence in September 2014

The Department of National Planning (DNP) has announced it is to carry out a national census in September next year, local media has reported.

Speaking to local media on Thursday (March 21), DNP Assistant Director Fathimath Riyaza stated that the census will take place from September 20 to September 27, and will be advertised under the slogan of “count me in”.

“We will visit the houses this time too, and gather information of the number of people in each household, along with other information regarding the people in the household,” Riyaza was quoted as saying in local media.

A total of 3327 enumerators are to be employed to collect the information next year, and that upcoming census will include information on foreigners living in the country.

Local media reported that Maldives conducted its first census in 1911 and has held a census every five years since 1985.

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Construction companies experiencing aggregate and river sand shortage

Construction companies in the Maldives have said they are experiencing a shortage in the supply of aggregate and river sand.

Under a special quota from the Indian government, aggregate was imported to the Maldives from India. However the quota was temporarily revoked on February 15.

Managing Director of State Trading Organisation (STO) – one of the main suppliers of construction materials – Shahid Ali, told local media on Wednesday (March 21) that the company has a limited supply of aggregate and river sand left in its storage.

“Our aggregate and river sand stock is quite low. So we are currently supplying to government projects only. We don’t really have enough for sale,” Shahid was quoted as saying in local media.

According to STO Managing Director, the company is currently carrying out talks with parties in Pakistan, Malaysia and Bangladesh to acquire the products.

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UN website hacked by Anonymous

The United Nation (UN)’s Maldives website has been defaced by internet ‘hacktivists’ Anonymous.

Maldives Anonymous, who claimed responsibility for the hack, posted a large image on the UN homepage stating that the group had exposed the website’s weak security.

“You have been hacked. We are here. Your security is zero. System is pwned and owned by Anonymous.MV404,” the message reads. “Don’t hate me for this. Your security made me do this.”

A post on Anonymous Maldives’ Facebook page, calls for the UN to “update its security” following the attack.

Anonymous is a loosely associated international group of hackers that claims to strongly oppose internet censorship and surveillance.

Formed in 2003, the group has hacked into a number of government computer systems across the world.

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Prison and parole bill returned to committee

The Maldives’ parliament returned the Prison and Parole Bill to the national security committee for review after President Waheed Hassan Manik refused to ratify it, citing the lack of detail regarding establishment of a women’s centre and Maldives Correctional Service institution, reports local media.

The bill was originally submitted three years ago, passed in 2012, and was then returned to parliament by Waheed in January 2013.

The bill mandates establishment of specialised centres for holding women and children in custody.

It would also create the Maldives Correctional Service, however the bill did not specify which state party would be responsible for establishing the institution.

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Domestic Violence Act has done little to curb abuse due to lack of implementation: Hope for Women

The Maldives’ ratification last year of a Domestic Violence Act has done little to curb the abuse of women, minors and other vulnerable people despite provisions to do so, a leading civil society expert and former gender minister has said.

Aneesa Ahmed, Chairperson for the Hope for Women NGO, told Minivan News that despite extensive provisions in the act, little progress had been made by police, the judiciary and wider Maldivian society to address domestic violence and abuse.

“The problem we are seeing is that measures provided in the act are not being implemented. There is no mechanisms to do that. Police have been preparing for the act, but they are handicapped in doing so,” Aneesa claimed.

“There are no safe houses, no shelters for victims of abuse. The act doesn’t solve the problem on its own, we need education and a greater understanding or rights and the need for sensitivity.”

Aneesa’s comments were made after 130 UN member states last Friday (March 15) signed up to a plan to try and prevent violence towards women and girls as part of a wider international strategy.

The declaration calling for an end to gender-based violence was passed despite opposition from Russia, the Vatican and a number of unidentified Islamic nations.

“Iran, Libya, Sudan and other Muslim nations ended threats to block the declaration and agreed to language stating that violence against women could not be justified by ‘any custom, tradition or religious consideration,'” reported AFP.

One year later

With the Maldives having passed it’s own Domestic Violence Act last year, Aneesa contended that there remained a lack of support and understanding of the need for sensitivity in dealing with all victims of domestic abuse at both a legislative and societal level.

She contended that such support was lacking for all victims protected under the bill, which includes men, women and children.

Pointing specifically to challenges currently facing women, the issue of empowering the country’s female population – both financially and through education – remained a particular problem in the country, according to Aneesa.

“Women [suffering from domestic abuse of violence] are reluctant to leave their children, but often have no way of supporting themselves, even within their own families,” she said. “The situation here for victims is bad, not much has been done to raise awareness.”

Aneesa claimed that even in cases where women have gone to seek legal action against an abusive partner, the country’s courts were seen as a hostile environment for such cases, even to those experienced with dealing with the judicial system.

She also raised the issue of reluctance among friends of abuse victims to go to courts on their behalf, stating that there was often uncertainty over whether they would be protected from potential reprisals for going to the authorities. These concerns were identified by Hope for Women as another example of the wider lack of understanding on legal rights provided to abuse victims.

Aneesa added that abuse victims on a number of occasions had sought assistance from Hope for Women, pointing to the case of a woman who had filed for divorce from an abusive partner back in August 2011.

She said that after leaving her husband, the victim was said to have forfeited her custody of her child.

Upon later regaining custody of the child, Aneesa added that both the mother and her family continued to suffer both mental and physical abuse from the victim’s husband – on occasion leading to intervention from the police.

However, despite this intervention, Hope for Women claimed that not a single hearing had been held on the case in the country’s courts, with the husband refusing to attend on any scheduled dates.

This has lead Hope for Women to directly appeal to higher legal authorities including court watchdog, the Judicial Services Commission (JSC), according to Aneesa.

“Nothing has been done since 2011 on this case,” she said.

Aneesa added that there was a need for legal authorities and society to be “sensitised” in dealing with victims of domestic abuse, while also pointing to a parallel need for the rehabilitation of offenders.

“Both the courts and the state lack sensitivity in dealing with these cases, while judges also need to be sensitised,” she said.

Hope for Women NGO is looking to travel to islands across the country, while leaflets have also been prepared containing information for women on their rights under the law.

Acting Minister of Gender, Family and Human Rights Azima Shukoor was not responding to calls from Minivan News at time of press.

Gender equality

During International Women’s Day earlier this month, former and current Maldivian presidents of the Maldives all spoke on what they said was the importance of gender equality to national development.

Despite the calls of some of the nation’s most senior political figures, a recent national study found support for women’s equality was found to have experienced a “significant drop” despite overall progress in improving the human rights situation nationally.

The conclusions were made in the Human Rights Commission of the Maldives (HRCM’s) second baseline survey on behaviors and attitudes regarding human rights in the Maldives, which was published December 10, 2012.

The ‘Rights’ Side of Life’ survey noted increasingly conservative attitudes towards gender roles, particularly among women themselves.

“In every case, women agreed with the particular justification for violence more often than men did,” the report found.

“In the case of some answers, the difference was considerable. For example, 45.1 percent  of women considered that husbands had good reason to beat their wives if they were disobeyed, but only 25.7 percent of men agreed with this proposition. Similarly, 28.3 percent of women said that refusing to have sex with their husband was justification for beating them, though only 12.8 percent of men thought this.”

According to the study, 57.1 percent of men believed it acceptable to beat their wives for “going against Islam”, while 71.6 percent of women felt this was acceptable.

The study also acknowledged under-reporting of the issue due to the public nature of the focus groups.

“Men’s groups tended, for example, to condemn violence by men when it was apparent from other views that they expressed that they considered that there were circumstances when such violence was justified. It was also apparent that a number of the women in the focus groups were not prepared to say the same things in public that they would express in private. Similarly, the male discussion groups publicly condemned behaviour that they were prepared to support in private,” the report noted.
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STELCO plans 50 megawatt floating solar panel installation

The Maldives’ State Electric Company Limited (STELCO) announced plans to implement a 50 megawatt floating solar panel project to power the country’s capital Male’ and provide renewable energy for 28 islands with rooftop installations, reports local media.

STELCO is seeking investors for this joint venture, which will involve floating solar panels since the 300 hectares of land needed for installations is not available in Male’, STELCO Chairman Ahmed Shareef told Haveeru.

This clean energy project also aims to install solar panels on house rooftops, whereby the energy generated will be deducted from electricity bills. Shareef estimated private household bills will be reduced by 30 to 40 percent.

Currently, 80 percent of STELCO’s revenue is used to purchase fuel for energy generation.

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MDP MPs elected for Parliamentary Group positions

Maldivian Democratic Party (MDP) Parliamentary Group (PG) Leader MP Ibrahim Mohamed Solih ‘Ibu’ has been re-elected as PG leader.

Local media reported that MP Ali Waheed and MP Abdullah Jabir have both been elected as the party’s PG Deputy Leaders, after they received 25 votes and 13 votes respectively.

Solih – who was the only contestant for the PG Leader election – was re-elected with 25 votes in favour out of a total of 28.

MDP Spokesperson Hamid Abdul Ghafoor was elected as PG Secretary General and MP Eva Abdullah, MP Mohamed Shifaz and MP IIyas Labeeb were elected as PG Whips.

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