Tag: maldives

Family court requires criminal records and police reports for underage marriage

A new regulation at the Family Court requires underage couples applying for marriage to submit criminal records and police reports, in a bid to ensure that young girls are fully informed of their partner’s social standing.

Maldivian law allows girls and boys under the legal age of 18 to marry so long as they have reached puberty and have parental consent, and if the court finds no substantial reason to object to the union.

As of January 1, 2012, couples in which one or both partners is underage must now submit criminal records and a police report to the Family court, as well as confirmation of parental consent and medical reports.

The Marriage Registrar will also decide whether the couple holds a valid reason for marriage.

Speaking to Minivan News, Marriage Registrar Ahmed Abdullah said that the new regulation aims to “protect young girls” following observations that in most cases of underage marriage the applicant is a female below the age of 18 who wishes to marry a man of legal age. The man is sometimes found to hold a criminal record, he said.

Abdullah said that these criminal records are mainly related to drug offences- and that the girl and her parents are often “unaware” of them prior to the marriage.

However, he explained that the court would not decline a marriage request based on the criminal history of an applicant, as long as the legal requirements are met.

“Submission of criminal records would only help the girls and parents make a more informed decision about the partner”, Abdullah added.

Contrary to the assumption that most underage marriages in Muslim countries are “forced”, Abdullah assured that the court has not registered any marriage in which the court had identified the “slightest hint that any partner was forced”.

Rather, Abdullah claims that most girls applying to marry between the ages of 15 and 17 do so to escape poor living conditions.

“Most underage girls are from very poor backgrounds living in very harsh conditions, often with no parent or reliable guardian to support them,” said Abdullah. “So, they want to get a better life by marrying”.

In the event that a marriage request is denied, Abdullah said some girls write repeatedly, “pleading for approval”.

According to him, there are exceptional cases where the boy and girl come from very good backgrounds and “they want to get married because parents do not approve of relationships out of wedlock”.

“Most parents are scared their kids might make a mistake, that is why want them to get married,” Abdullah observed.

As a Muslim nation, the Maldives subscribes to social standards in keeping with Quranic teachings, which strictly regulate the relations between a man and a woman. While Maldivian culture similar opposes “dating” in the modern sense, the “boyfriend-girlfriend” relationship, or bitun, is fairly common.

Last year, almost 50 underage marriages were registered at the court.

Although the Maldives is known for its record-high divorce rate, Abdullah noted that the “divorce rate in under age marriages are surprisingly lower” than in legal age marriages.

Former Gender Minister Aneesa Ahmed argued that a lack of information and social pressure combine to make it difficult for young girls to make healthy decisions regarding marriage.

Though it may appear that young girls want to get married, Ahmed said “often they are lured into marriage by their parents” who find the prospect of a wealthy son-in-law appealing. “The girls would not be able to make a good decision about their marriage partners” in that context, she added.

Ahmed observed that in most marriages between a young girl and an older man, the man has wealth, high social status, or both. She added that the girl is rarely consulted, and “parents are often to blame”.

In the event that an underage girl claims to have no parent or legal guardian, the state becomes responsible for her security. Ahmed pointed out that this mechanism does prevent girls from lying about their background, and allows for higher scrutiny.

“The court also must play an important role to ensure the rights to the underage girl”, she said.

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Criminal Court, Juvenile Court suspends drug cases awaiting formation of Drugs Court

The Criminal and Juvenile Courts have suspended all drug cases while they await the formation of a Drugs Court over the next two to three months. The decision follows stipulations for court formation provided in the recently-ratified Drugs Act.

Under Article 33 of the Act, all drug cases currently before the Criminal and Juvenile Courts must be transferred to the Drugs Court, following discussions between the Prosecutor General and judges.

Article 39 meanwhile requires the Judicial Service Commission (JSC) to appoint at least five judges to the Drugs Court within 60 days after the law was ratified.

After that two month period, the courts have 30 days to transfer those cases determined to fall under the jurisdiction of the Drugs Court.
Meanwhile, article 33(b) states that the Criminal and Juvenile Courts should not hear or accept drug-related cases during that period.

The Drugs Court will have jurisdiction over those charged with possession and abuse of drugs as well as those accused of committing criminal offences under the influence of drugs.

According to the Act, a specialised Drugs Court of superior court status will combat drug addiction by integrating rehabilitation services into the court system.

Traffickers will be tried in the Criminal Court.

A 2011 prison report by the United Nations Development Program (UNDP) argued that the unnecessarily high number of inmates serving drug sentences was a major concern for prison reform. A majority of inmates are males under the age of 30, while 66 percent of inmates are serving time for drug use or possession.
Speaking to Minivan News at the time, Co-author Naaz Aminath pointed out that most modern judicial systems carried heavier sentences for traffickers, “but here, traffickers get 25 years while small-time users get 60 to 80 years. These are not hard-core criminals, but they’re put away for almost their entire lives.”
Police officials today said that while drug arrests are made on a regular basis, they did not expect any complications to their work while the cases are suspended at the court level.

In a previous article, Police Drug Enforcement Unit Superintendent and Chief Inspector Mohamed Jinah said the bill would be “very useful and instrumental for the police enforcing the drug policies,” and would allow police to focus more on drug trafficking.

Jinah was unavailable for comment at time of press.

Ahmed Nazim, a Research and Development officer at Journey Rehabilitation Center in Male’, added that by distinguishing between the source (drug traffickers) and the consequence (drug use), the new system would reduce the amount of drugs on the street.
He said the Act “puts a lot of emphasis on giving addicts proper treatment”, and accepts the modern argument that addiction is a medical condition rather than a behavioral problem.

The Drugs Bill was introduced in 2009, detained in the Committee for Social Affairs since early 2010, and approved by Parliament on December 28. President Mohamed Nasheed ratified the bill on December 31, 2011.

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The President will not apologise for Pillay without Parliament: Zuhair

President Mohamed Nasheed will neither condemn nor apologise to the people over the statements made by UN human rights chief Navi Pillay about flogging, Press Secretary Mohamed Zuhair has said.

Zuhair explained that the comments were made before Parliament, which has not yet spoken against the comments.

He said the President would respond after “the head of the particular state body cites a valid reason to speak against Pillay’s comments.”

During her visit in November, Pillay told Parliament that flogging as a punishment for extra-marital sex was one of the most degrading punishments for women, and asked that the government issue a moratorium on the Shariah-based penalty.

According to Haveeru, Zuhair said that former President Maumoon Abdul Gayoom earlier made statements similar to those of Pillay.

The demand that the President apologise for Pillay’s remarks is one of five demands made the coalition which protested in defense of Islam on Friday, December 23. Since then, the government taken steps to address the demands which include removing SAARC monuments in Addu, preventing Israeli airlines to operate flights into the Maldives, closing down brothels and places where prostitution is practiced, and reversing the decision to declare areas of inhabited islands uninhabited in order to permit the sale of alcohol.

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Police arrest arson suspect in Miladhoo fire case

Police have arrested a suspect in the arson attack on Noonu atoll Miladhoo island council office last week.

Police confirmed the arrest, however they did not give any further details as the investigation is ongoing.

Local newspaper Haveeru identified the arson suspect as Mohamed Aboobakuru, aged 45, of Kashmeeruvaadhee in Miladhoo.

The fire, which was reported on the early morning of December 28, wreaked extensive damage on the Miladhoo council office and the adjacent island court.

President of the Miladhoo island council Hussain Ghassan earlier told Minivan News that the had received “several threats” from some people unhappy with the council, of which a majority sides with opposition Dhivehi Rayyithunge Party (DRP).

“Some even threatened to burn down the office”, he said.

Ghassan reported that the council work has been halted due to the incident and they are looking for a new office to continue work.

However, he said it would be difficult to proceed as “all the paperwork, furniture and other items were lost to the fire”. The damage would cost the council around Rf 1 million (US$65,000), he added.

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Tourism Ministry may revise spa ban

The government is looking to revise the circular issued late last week requesting that resorts, hotels and guesthouses close down their spas over public allegations that they double as brothels.

“As specifying a certain distance from Male’ would not be a wise decision [in closing down spas] and that other resorts, which also cater for locals, are located close to inhabited islands, the government has decided to close down the spas in all the resorts on a fair basis and by giving a higher priority to the allegations made,” the circular read.

The decision to reconsider the circular was made after several resort owners and the Maldives Association of Tourism Industry (MATI) expressed “serious concern”.

A statement signed by MATI Secretary General ‘Sim’ Ibrahim Mohamed released last week expressed concern with financial losses as a result of the decision as well as effects on holiday-makers currently in the Maldives.

MATI urged the government and opposition parties to “find a peaceful solution” to the dispute.

“The tourism industry wishes for all actors in the political sphere to prioritise the domestic economy, development and security over differences and disagreements among political parties and not involve the economy’s main industries in these disputes,” reads MATI’s appeal.

MATI’s Chairperson M U Manik and Vice Chair ‘Champa’ Hassan Afeef have made statements in the media urging the government to reverse its decision to shut down resort spas after considering the consequences for the economy.

Meanwhile the government has also announced that it is considering banning pork and alcohol across the country, in response to the large number of Maldivians who protested against the government’s current purported “anti-Islamic” policies.

Tourism Minister Dr Mariyam Zulfa told Haveeru yesterday that the circular was issued in response to demands made by the coalition of religious NGOs and opposition parties during the protest to defend Islam on December 23. These demands included the closure of places which support prostitution, namely spas and massage parlors.

Zulfa noted that a policy shift towards strict Islam would have a profound economic impact on the Maldives.

“We can only sustain our economy by following the moderate form [of Islam] which has been in the Maldives until now,” she told Haveeru. “We [ministers] are labelled anti-Islamic because we support the tolerant form [of Islam]. But that label is a disgrace to our parents as well.”

According to Zulfa, several resorts had raised concern over the circular, and while they “are aware of the reasons that led us to take the decision,” the ministry is investigating a compromise.

The Minister was unavailable for comment at time of press.

Minivan News understands that several tour operators have also been calling resorts to inquire if indeed their spas and massage services have been closed down. Hulhule Island Hotel, near Male’, has closed its spa indefinitely.

Maldives Association of Travel and Tour Operators (MATATO) earlier issued a statement condemning the government’s decision to close five Villa Hotels’ resort spas over allegations of prostitution. MATATO noted that local and foreign resorts, tour operators and travel associations had expressed concern over the decision and that the damage to the industry would be grievous.

“The spa and wellness concept is very popular among tourists,” read the statement. “We urge the government to keep politics away from Tourism and also advise various
Tourism stakeholders as well to do same, as majority of Maldivians depends on Tourism for their livelihood and is something to be dealt with extreme caution and care.”

Today, MATATO did not respond to phone calls.

Speaking at a press conference held the day before the circular was issued, President’s Office Press Secretary Mohamed Zuhair justified the strong measure by saying that given the difficulty of distinguishing spas which endorse prostitution from those which do not, and that many high-profile Maldivians visit resort spas, it was important that strict measures be taken to protect those Maldivians’ good names.

Meanwhile, members of the coalition which made the demands have accused the government of “making a mockery of the demands” and “making excuses.”

Alleging that the government is targeting protesters, coalition spokesperson Abdullah Mohamed announced a sixth demand–that the government “stop causing harm to anyone who participates in the religious movement”.

The coalition has given the government until January 5 to fulfill the demands made on December 23, and has warned of further mass protests or direct action in the event that the deadline is not met.

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Calls for religious tolerance “shocked the nation”: Chief Justice Faiz

The December 10 silent protest for religious tolerance is a “warning” of the Maldives’ weakening Islamic faith, Chief Justice Ahmed Faiz Hussein has said.

Faiz’s claim that the demonstration “shocked the nation” was made yesterday at the opening of the Islamic Scholars Symposium, reports local media.

“It was a warning that showed us the increased role religious scholars are required to play and the work they need to do,” he said.

Recommending that the scholars focus on strengthening the Islamic faith rather than debate contentious issues, Faiz said students and lawmakers required further education about the Shariah penal code.

The December 10 demonstration was originally planned for International Human Rights Day as a peaceful, silent protest. However, the 30 participants were attacked with stones, and blogger Ismail ‘Khilath’ Rasheed was taken to the hospital with head injuries.

Rasheed was subsequently arrested without charges following requests from religious NGOs and ruling Maldivian Democratic Party (MDP) MP ‘Reeko’ Moosa Manik that police investigate the demonstration.

Rasheed’s detention was extended a second time last week, after Reporters Without Borders (RSF) criticised the claim that the gathering had violated national laws, and Amnesty International declared Rasheed a prisoner of conscience.

Meanwhile, Islamic Minister Dr Abdul Majeed Abdul Bari has requested the parliamentary National Security Committee to include appropriate punishments for those who call for religious freedom in the nation’s penal code. In discussions, he said the punishments available under Penal Code Article 88(a), (b) and (c) were “soft.”

Bari previously ordered the Communications Authority of Maldives (CAM) to shut down Rasheed’s blog on the grounds that it contained anti-Islamic content.

This weekend’s Scholars Symposium is attended by 60 scholars who are debating seven key points of contention, reports Haveeru.

Points include the method for handling controversial religious issues; the formation of prayer rows between mosque pillars; alms payment; the Qunooth prayer; and the traditions of the Prophet Mohamed.

According to local media, the conference is the biggest of its kind to be held in the Maldives. Originally scheduled for January it was allegedly postponed for reasons unspecified.

The conference comes one week after a coalition of religious NGOs and opposition parties rallied thousands across the country to “defend Islam”, setting off a game of chicken with the government which has lately put the tourism industry on the chopping block.

President Mohamed Nasheed attended yesterday’s opening ceremony.

Religious conservative Adhaalath Party President Sheikh Imran Abdulla and several other scholars from the party are participating in the conference.

Members of Adhaalath Party and Minister Bari were unavailable for comment at time of press.

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Parliament committee votes to register PPM as a party in parliament

Parliament’s General Committee has voted to include Progressive Party of Maldives (PPM) on the parliament’s political party list, following discussions of it not being registered as a party in the parliament.

Secretary General Ahmed Mohamed has confirmed the decision of the General Committee to the local media and said the issue will be presented to the parliament for a vote when sessions resume in March.

Last Thursday, PPM MP for Fonadhoo constituency Abdulraheem Abdulla said he was going to resign over the registration issue.

PPM MPs are currently recognized by parliament as independent, according to an article in the parliamentary rules of procedure which states that only parties that competed in the May 2009 parliamentary election can be represented in parliament.

The issue was sent to the General Committee for examination after PPM MP and Spokesperson Ahmed Mahlouf proposed an amendment to the rules of procedure.

Ruling Maldivian Democratic Party (MDP) MPs have meanwhile given mixed responses to local media.

According to Haveeru, MDP Parliamentary Group Leader MP Ibrahims Mohamed Solih said the General Committee had not discussed the issue or reached a decision.

According to Sun, MDP Parliamentary Group Media Coordinator MP Mohamed Shifaz said the decision was made to maintain current regulation, and that the party would not support the amendment.

Moreover, Shifaz claimed the decision was made before the amendment was proposed.

Shifaz and MDP Parliamentary Group Leader and MP Ibrahim Mohamed Solih did not respond to Minivan News at time of press.

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New resort to feature local life in Laamu Gan

The mid-market Reveries Boutique resort opening on Laamu Atoll Gan intends to benefit local agriculture and industry while offering tourists a new level of access to Maldivian culture, management claims.

The resort will open in February. It will be one of the first resorts to open operations on a local inhabited island.

With a standard of “comfortable deluxe”, the resort aims to “explore the idea that parts of the Maldives are open for people of all types”, said a management official.

The Tourism Ministry recently endorsed mid-market tourism as a significant factor of economic growth, and an important innovation for the tourism industry.

In addition to water sports, good dining and excursions, Reveries Boutique management has expressed an interest in supporting local archaeological research. Known for its barely-explored Buddhist-era remains, Gan could prove an attractive destination for tourists interested in “real life” Maldives.

However, management has said it will only support archaeological work if there is a demonstrated local interest.

Management adds that Gan’s 20 kilometre length makes it an appealing place for tourists wishing to eat locally and explore Maldivian community life. Noting that “resort life is not real life”, the team intends the resort to foster healthy and responsible living along with guest independence.

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Maldives forges diplomatic ties with Burkina Faso

The Maldives has signed a joint communiqué declaring diplomatic relations with Burkina Faso, a landlocked West African country known exporting gold.

The communiqué was signed by Maldives’ Permanent Representative to the United Nations (UN) Mr. Abdul Ghafoor Mohamed, and Burkina Faso’s UN Permanent Representative Mr. Der Kogda, at a ceremony in New York.

In his speech, Ambassador Ghafoor expressed the Maldives’ commitment to establishing ties with friendly African nations and hoped that these ties would foster a close relationship between the nations and their people.

Both countries are members of the Organisation of Islamic Cooperation.

Burkina Faso is the 161st country to establish diplomatic relations with the Maldives.

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