Tag: maldives

ICC membership expected to reform Maldivian judicial system

The Maldives has become the 118th country to adopt the Rome Statute of the International Criminal Court (ICC), the world’s first and only permanent international court with jurisdiction over crimes against humanity, crimes of aggression, genocide and war crimes.

The Maldives is the third state in South Asia to become an ICC member, following Bangladesh and Afghanistan. It is the ninth in the south asian region alongside Cambodia, Japan, Republic of Korea, Mongolia, the Philippines and Timor-Leste; plans to ratify the statute are advancing in Malaysia and Nepal.

Asia has been slower than other regions in adopting the ICC regulations, allegedly because they maintain the death penalty which is prohibited by the ICC. William R. Pace, Convenor of the Coalition for the International Criminal Court, said the Maldives’ decision to accede to the Rome Statue was a significant step for the region.

“It is vital that the momentum towards increasing respect for the rule of law and accountability for those responsible for the most serious crimes is seized by other states in the Asia-Pacific region, many of whom are close to joining the ICC,” Pace said in a press release. “Joining the Court represents a strong deterrent effect that will contribute toward the prevention of gross human rights violations in the Asia-Pacific region and to the global fight against impunity.”

Acceding to ICC regulations as defined by the Rome Statute has been a long process for the Maldivian government. In 2003, the Maldives took steps to reject its judicial authority.

Wikileaks cables published on 1 September 2011 cite the Maldivian government’s intent to “never turn over a US national to the International Criminal Court (ICC). The Maldivian government would not sign the ICC treaty and would not respect its claim to universal jurisdiction.” Other cables indicate that then president Maumoon Abdul Gayoom was seeking approval for a visit with then US President George W. Bush, allegedly to improve his chances of re-election.

Speaking to Minivan News today, the President’s Press Secretary Mohamed Zuhair said ratification of the ICC statute highlighted the different values of the current administration.

“For us, it’s transparency that is at the top of our priorities. So right now, our highest priority is to improve the judicial system of this country.”

The ICC covers major crimes which are widespread, systemic and of concern to the international community. The ICC does not deal with small cases, even if the victims may be in the hundreds.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Zuhair said it was important for Maldivians to have access to an international judicial system. “Individuals who feel they have a complaint, even against a leader, could refer the complaint to the Maldivian judicial system or to the ICC. This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said.

Evelyn Balais-Serrano, Asia-Pacific Coordinator for the ICC’s advocacy NGO Coalition for the International Criminal Court (CICC) told Minivan News that ratification would support domestic legal reform, and that heads of state would face new levels of accountability.

“The ICC only deals with the big fish. In the past only the small fish may have been sacrificed to show a semblance of justice – but the ICC targets the highest level of responsibility: the head of state, generals, kings,” she said previously.

The Debate

In October 2010, the debate to join the ICC created sparks in Parliament.

MDP MPs condemned the “unlawful and authoritarian” practices of the previous government. Group Leader “Reeko” Moosa Manik referred to 2009 legislation protecting former presidents who he considered “the worst torturers in the country’s history,” and said the purpose of the international criminal court was to “arrest torturers like Maumoon [Abdul Gayoom], people like Ilyas Ibrahim [brother-in-law of the former president] who stole state property and funds, and Attorney Generals like Hassan Saeed who tried to hide it.”

MPs from opposition Dhivehi Rayyithunge Party-People’s Alliance (DRP-PA) said MDP MPs were overlooking the fact that Gayoom had never been reprimanded in a court of law, and accused the current administration of disregarding rules of law. MP Dr Abdulla Mausoom accused the MDP government of formulating policies only to “benefit certain people”, which he argued could be “considered a crime in international courts.”

The question of religion was also inflammatory. DRP MP Dr Afrashim Ali said convention should not be signed if it could lead to “the construction of temples here under the name of religious freedom.” Other MPs pointed out that several Muslim countries had not joined the ICC, and the MPs were concerned that ratification would “shatter Islamic principles” and encourage gay rights.

Shari’a experts in ICC signatories and Muslim countries Afghanistan, Jordan and Malaysia have not found conflict between the Rome Statute and Sharia.

On 14 June this year, Parliament voted almost unanimously to sign the Rome Statute of the ICC.

The Effects

Speaking to Minivan News today, Balais-Serrano pointed out that ratification of the Rome Statute was well-timed.

“As a chair of the SAARC summit, Maldives will have quite an influence on south asian countries attending this year’s event,” she said. “It will certainly be constructive in reviewing human rights, a key point we plan to address at the summit.”

The South Asian Association for Regional Cooperation (SAARC) summit is scheduled for Addu City in mid-November this year.

Balais-Serrano also pointed out that by ratifying the Rome Statute, governments are committing to adapt current domestic legislation to meet international standards. She said ICC members could receive “training of local judges and prosecutors and other officials responsible for lawmaking and implementation”, and hoped the Maldives would forward with judicial reform.

“The judicial system in Maldives can benefit from the rules and procedures by which the ICC operates, for example, in the nomination and election of judges, in the protection of witnesses and victims and in ensuring due process,” said Balais-Serrano.

She said that ICC membership would expand Maldivian court procedures. “One of the motivations of joining the ICC is to let go of a commitment to include the domestic judicial system alone. Now, Maldivians can also refer to the ICC provisions and regulations. This is a timely event for the Maldives to review domestic law while making the ICC a reference point.”

As an ICC member, the Maldives will be able to send judges and lawyers abroad for internships and exchange programs in member countries. Balais-Serrano said that all member countries are obliged to send employees to the ICC to learn and assist with proceedings.

International liability

ICC membership could affect international relations. The Maldives recently made news headlines by supporting the Sri Lankan government, which is facing war crimes allegations by international human rights groups. A report from UN Secretary General Ban Ki-Moon has raised the likelihood of an investigation by the Human Rights Commission.

A Relationship Agreement between the ICC and the United Nations calls the UN “potentially the most important partner of the ICC on various levels,” and suggests that investigations by the UN are based on the same human rights standards put forth by the ICC.

“The Maldives cannot do anything if the ICC decides to investigate and put into trial the perpetrators of crimes in Sri Lanka,” said Balais-Serrano. “If suspected criminals from Sri Lanka seek refuge in the territory of the Maldives, as a state party to the ICC, the government is obliged to cooperate to the Court by arresting  the criminals.”

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Visa fees to be paid in 3 month lump sum

Recruitment agencies are newly required to pay visa fees for expatriate workers for at least three months, according to new policies at Maldives Inland Revenue Authority (MIRA).

The visa fees of Rf250 were previously payable every month. Under the new policy, agencies will be required to submit at least Rf750 when making payments, Haveeru reports.

A MIRA authority told Haveeru that the policy was designed by the Immigration Department.

Recruitment agencies expressed concern over the policy change, allegedly because of the difficulty of providing larger sums of money at once. Others have claimed that it’s a waste of money on workers who are imported for a single month of work.


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Confiscated swords found fake and flexible, sent to MNDF

Swords confiscated by Maldives Customs Service last Thursday have been reported as fake incapable of causing harm. The swords had been imported by Wushu Federation of Maldives for martial arts training.

Haveeru reports that the swords bend when waved or put in contact with a person. The swords allegedly look real, but are not used as weapons.

An assistant program director told Haveeru that the Chinese Wushu Association had donated the swords along with uniform kits, which were also confiscated.

Customs has released the martial arts uniforms, but sent the swords to the Maldives National Defence Force (MNDF). Customs also told local media that the swords were not imported with forged documents.

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“We don’t want Israelis to invest in our island”: Filadhoo islanders

Islanders on Filadhoo in Haa Alifu Atoll have reacted with outrage to news of an Israeli agricultural delegation scheduled to arrive on the island next Saturday, warning that the visitors from Teshuva Agricultural Products “will go no further than the island jetty.”

On its website the company claims its advanced agricultural methods “allow for fresh culinary herbs to be grown in soil-less hydroponic systems.”

Filadhoo islander Mohamed Hamidh told Minivan News that the majority of the island’s 550-strong population were against the visit by the Israeli company.

Hamidh said that when the islanders first received information about the delegation, they prepared a petition signed by 100 islanders and submitted it to the island council.

“That night the Island Council called the islanders for a meeting and 83 islanders attended the meeting. Councilors called for a vote and 82 out of the present 83 citizens voted that they do not want to let the Israeli delegation step on the island,” Hamidh said.

Local media reported that the petition signed by the 100 citizens claimed the Israeli delegation intended to preach Christianity on the island and conduct un-Islamic activities, although they came under the banner of an agricultural delegation.

An earlier press release by the Deputy Leader of the Adhaalath Party accused the agricultural delegation of being agents from Mossad, the Israeli secret service.

Hamidh meanwhile said the islanders would not welcome the delegation because Israelis “have been mistreating the Muslims in Palestine” and have “killed so many Palestinian men and left many Palestinian women widowed.”

“We have reports that although the islanders oppose their presence, they will still head towards our island. They are supposed to be arriving on Saturday morning around 8:30am, so we will keep an eye on the jetty and will not let them enter this island,” he said.

Island Council Member Mohamed Vijan told Minivan News that the council was “left with no other choice” but to support the will of the citizens.

“Last Monday the Atoll Council informed the Island Council that this delegation from Israel will visit Filadhoo on Saturday,” he said.

He said the council will be “with the citizens” whether they were in favour or opposed to the visiting delegation.

Earlier this month Deputy Leader of the Adhaalath Party Dr Mauroof Hussein called for alarm after alleging that a delegation from Teshuva Agricultural Products was due to arrive in the Maldives to assess the country’s agricultural potential.

The last time an Israeli delegation visited the Maldives – a team of volunteer eye surgeons – protests erupted across Male’ that saw the burning of Israeli flags and calls to “ban all Israeli medical teams” from practicing in the Maldives.

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Islamic Foundation files court case seeking repeal of Religious Unity Regulations

Religious NGO Islamic Foundation of the Maldives (IFM) has filed a case at the High Court requesting the court rule that the Religious Unity Regulations are inconsistent with the constitution.

Controversial new religious unity regulations were published in the government’s gazette last week, cracking down on extremist and unlicensed preaching of Islam in the Maldives.

Local media reported that prominent religious scholar Sheikh Ibrahim Fareed, who currently faces charges for allegedly violating the Religious Unity Act, filed the case in the High Court and spoke to the media outside the court.

Media reported Sheikh Fareed as stating that the regulation was inconsistent with the constitution as well as the Quran.

Fareed was quoted as saying that romantic thoughts, social talks and religious speeches were part of the fundamental right of freedom of speech as stated in the constitution.

Meanwhile, religious NGO Jamiyyathul Salaf and the religious council of the Adhaalath Party voiced opposition to the regulations.

Sheikh Fareed today told Minivan News that the regulation was “very” inconsistent with the Quran and the constitution.

“By God’s will next week I will request the High Court issue a court order to delay the implementation of the regulation until the court reaches to a conclusion on the issue,” Sheikh Fareed said. “The regulation was drafted by the Islamic Ministry and it pressured the government to publish it in the gazette.”

Islamic Foundation protestHe said islanders of Miladhoo in Noonu Atoll have been protesting outside on the streets of the island today calling for the religious unity regulation to be amended.

Media Coordinator of the protest and Chairman of Miladhoo Island Council Hassan Gassan told Minivan News that the protest started at 4:15pm today.

“The protest is organised by the IFM Miladhoo Wing and a huge majority of the islanders have joined the protest,” he said. “We walked around the main streets of the island and stopped at the island harbor.”

He said protesters were calling for the resignation of Islamic Minister Dr Abdul Majeed Abdul Bari, and to amend the Religious Unity Regulations.

New religious unity regulations were published in the government’s gazette last week, cracking down on extremist and unlicensed preaching of Islam in the Maldives.

The regulations reflect the enforcement of the Religious Unity Act of 1994 and were originally put forward by the Islamic Ministry, but have undergone numerous drafts and revisions over the past year. The penalty for violating the regulations under the Act is 2-5 years imprisonment, banishment or house arrest.

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HarperCollins confirms Maldives not being erased from Times Atlas as global warming statement

The Maldivian government has written to the editor of the UK’s Telegraph newspaper seeking “clarification and apology” for a satirical article claiming that the Maldives was to be erased from the Times Comprehensive Atlas of the World as a statement on global warming.

The article, by climate skeptic James Deringpole, cited a fictitious spokesperson from Times Atlas as implying that the Maldives’ position on climate change was “a publicity stunt, cooked up by green activist Mark Lynas, to blackmail the international community into giving the Maldives more aid money while simultaneously trying to lure green Trustafarians to come and spend £1500 a night in houses on stilts with gold-plated organic recyclable eco-toilets made of rare earth minerals from China.”

In a letter to the Telegraph’s Editor, Tony Gallagher, Acting High Commissioner Ahmed Shiian wrote that “to suggest, even in satire, that the plight of our country in the face of sea-level rise is simply some kind of con-trick to raise guilt money from the international community is despicable and hurtful to all of us, whose country is indeed one of the most vulnerable on Earth to global warming.”

Shiian added that Delingpole’s “leaden attempts at humour” had  already had “unfortunate political consequences in the Maldives”, after his invented quotes from a Times Atlas spokesperson “were reported as fact in the Maldives media, and the opposition party of the former dictatorship has used this to accuse the President of undermining the country and national pride.”

Minivan News yesterday contacted the publisher of the Times Atlas, HarperCollins, which confirmed that the story was bogus.

“Of course we have no plans to erase the Maldives, Tuvalu or major parts of Bangladesh from the next edition,” a spokesperson told Minivan News, also confirming that the spokesperson cited by Deringpole was not a HarperCollins employee.

“Like the rest of the piece, he is a fiction,” she said.

Major media outlets in the Maldives, including Haveeru, Miadhu and Sun Online, continued to carry the story this morning, although Haveeru had amended its version to reference “unconfirmed reports”.

The stories generated strong sentiment among the many who commented on it, with many blaming President Nasheed for the underwater cabinet meeting which had led to the Maldives “being wiped off the map”.

A senior source in the President’s Office told Minivan News that the story had stirred up strong sentiments and now the perception risked running ahead of the reality.

“It is hugely irresponsible journalism not to acknowledge when you’ve made a mistake. Standard procedure all over the world is to do a retraction,” the source said.

Editor of Sun Online and President of the Maldives Journalists Association (MJA), Ahmed Hiriga Zahir, told Minivan News that he had edited Sun’s story and was under the impression that it was genuine.

“I didn’t thoroughly check the original,” he acknowledged, “but I did read the Maldivian media. Why would the [UK] media report it [incorrectly]? I think the original media should correct it. If the Maldivian media reported it and they know it is not the truth, they should also correct it,” he added.

Press Secretary for the President, Mohamed Zuhair, said the government was approaching the Broadcasting Commission and the Maldives Media Council asking it “to insist the mainstream media be responsible, and not to take silly blogs as mainstream news.”

Zuhair said he suspected the media had “deliberately misinterpreted” the story to mislead the public and generate anti-government sentiment.

“Many of these outlets were the government organs of yesteryear, and many of their journalists have not reconciled themselves with the days when they were calling the current President a vagabond and a terrorist,” Zuhair said.

“Presenting this story as serious news is misleading, and people have been misled – they are calling up the morning radio programs concerned that the Maldives has been taken off the map. The media should be responsible and publish a retraction, but I doubt they will do it – you can wake up a person who is asleep, but you can’t wake up a person who is pretending to be asleep.”

MP for former President Maumoon Abdul Gayoom’s new political party, the Progressive Party of the Maldives (PPM) Ahmed Mahlouf, yesterday sent out a mass text message informing people of the supposed decision to erase the Maldives from the map, blaming President Mohamed Nasheed for holding the underwater cabinet meeting and ”erasing the country, erasing religion and erasing the people.”

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Abandoned child legally assigned foster parents for first time in Maldivian history

The Family Court has assigned foster parents to a 10-month-old baby for the first time in Maldivian history. The child, who had been abandoned, was transferred from state care to a married couple on Sunday, September 18.

“This is the first time that non-biological parents have been given legal guardianship of a child in the Maldives,” said Ilham Mohamed, a local NGO worker familiar with the matter.

Mohamed said that foster parents previously risked the biological parents turning up to demand money and/or the child. “This example will make the process more secure,” she said.

The new foster parents will have the same legal rights given in adoption, except for the rights to consent to marriage and leave an inheritance.

Mohamed pointed out that in many cases where a father will not consent to his daughter’s marriage, the young couple requests and often receives court permission. She said the process usually takes between two and three months.

The couple’s lawyer, former Attorney General (AG) Aishath Azima Shakoor, told local media that the couple wanted to opt for their new daughter to inherit an equal share of their property. According to Mohamed, Maldivian law allows foster parents this option.

Shakoor recently told local media that the court had transferred the state’s legal guardianship of the child under Shari’a law to the couple, who have agreed in writing to protect and provide for the girl.

The Maldives did not provide services for abandoned children before the 1990s. Sources say that the number of abandoned children rose during that decade, possibly due to the allegedly higher rate of drug use among young adults at that time.

In 1992, the Ministry of Gender and Family established the Unit for the Rights of the Child (URC), now known as the Child and Family Protection Services (CFPS). Since then, the ministry maintains that the number of care-giving staff and institutions are unable to meet demand.

An Auditor General’s report dated 2009 reported 43 children at the state’s orphanage on Villingili, near Male. The report noted that the orphanage was understaffed and staff members were unable to provide sufficient care for children below the age of five. Most employees were not trained in child psychology, and there were no provisions for medical emergencies.

The orphanage on Male is currently over capacity and children are not segregated by age, said Mohamed.

Minivan News previously reported that Maldivian Family Law requires various next-of-kin be asked to care for abandoned children before the state assumes responsibility. But the process of identifying proper care-givers was reported long and difficult, and the Ministry of Family and Gender was regularly backed up with applications at the time.

The report also noted that adoption, as it is handled in the West, is illegal in Islam.

“Adoption in the Western style is not part of Islam,” explained Mohamed. “But fostering, or taking people into your care, is part of Islamic culture. It doesn’t really matter what name you use, foster or adopt, just so long as children have a safe place to live.”

Mohamed said she believes most orphanages have wait lists, and expects foster parenting to increase significantly.

“The couple that has been approved struggled to convince local authorities of their case. But now that this has been done once, it won’t be difficult for people to do it again.”

Mohamed noted that the struggle to legalize foster parenting began in the late 1990s, and calls the recent case a “very significant event.”

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Finance Ministry appeals for cooperation with cost-cutting measures

The Finance Ministry has appealed for cooperation from all state institutions to the government’s cost-cutting measures by not hiring additional staff, creating new posts or replacing vacancies.

A budget circular issued by the ministry on Sunday notes that expenditure on state employees accounts for 35 percent of government spending in the 2011 budget while 49 percent of government expenditure so far this year (excluding foreign loans and free aid) was on salaries and allowances.

“Lately a number of institutions have been requesting permission from the ministry to add new posts in 2011 and hire employees for vacant posts,” reads the circular signed by Finance Minister Ahmed Inaz. “However since the ministry believes that, considering the state of the budget, there is no space to add employees or fill vacant posts this year, the ministry urges cooperation for controlling the number of employees.”

As part of the government’s belt-tightening measures to curb expenditure, the circular notes, the Finance Ministry requires offices and state institutions to seek authorisation in writing for capital expenditure and overseas trips as well as repair and maintenance work.

The ministry had previously informed all state institutions to not create new posts or fill vacancies, the circular noted.

“In addition, posts of employees who leave their government jobs under the ministry’s “voluntary redundancy programme” has been abolished,” it added. “The ministry believes that as a result of this programme expenditure on employees out of the state budget will be controlled to an extent.”

The Finance Ministry recently revealed that the country’s fiscal deficit in 2011 reached Rf1.3 billion (US$84 million) in the first week of September.

The circular meanwhile noted that the government has pledged not to raise nominal wages until the end of 2012 under the staff-level agreement with the International Monetary Fund (IMF).

In May, the IMF gave preliminary approval for a three year economic programme in the Maldives, after the government agreed to “a package of policy reforms that will help stabilise and strengthen the Maldives’ economy.”

“In sum, this package of proposed policy reforms will help stabilize and strengthen Maldives’s economy, and the mission thus reached a staff-level agreement with the Maldivian authorities on a three-year economic program that could be supported by a new IMF lending arrangement,” reads an IMF press statement in May. “The agreement reached, however, remains subject to review by IMF management and approval of the IMF’s Executive Board, which could consider a program request from Maldives in July. It is anticipated that an approved program would encourage key donors to contribute additional financial support.”

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Faculty of Sharia Law to expel student wearing face veil

The only student wearing the face veil studying at the Faculty of Sharia Law will be asked to remove it during class or face being expelled if she refuses to do so, Dean of the Faculty of Sharia Law Dr Ibrahim Zakariyya Moosa has reportedly stated.

An online religious news website in the Maldives, ‘Islaameenoor’, reported the girl as saying that she was called to go to the office after class, whereupon Dr Zakariyya told her that it was not compulsory for Muslim women to wear the face veil.

Dr Zakariyya reportedly told the girl that studying was compulsory under Islam, and that if wearing the face veil obstructed her from studying, she should not wear it even if it was a Sunnah.

According to Islaameenoor, the girl responded that she did not wear the veil to create confusion about the religion, but to uphold the religion as much as she could, the paper reported.

Dr Zakariyya allegedly told her that he had no choice to allow something disallowed, and that she should not come to study wearing the face veil although she was able to come wearing a loose black hijab.

According to the paper, Dr Zakariyya told her that in different parts of the country terrorists had used the hijab to hide weapons, and that there was “no way to identify the sex of a person wearing the full hijab”.

Dr Zakariyya explained to her that there was no way the faculty could confirm that it was really her attending the exam if she wore the face veil, to which the girl replied that if the faculty was suspicious, female staff working in the faculty could remove her face veil and check.

Dr Zakariyya then told the student that there was an opportunity to secretly have headphones in her ear while doing the exams, which she said was possible even wearing the normal veil without covering the face.

When Minivan News attempted to contact Dr Zakariyya, the front desk at the faculty referred Minivan News to the Maldives National University. The Maldives National University referred Minivan News back to the faculty of Islamic Studies, which said it did not have the authority to comment.

Maldives National University Chancellor, also the former Education Minister Dr Musthafa Luthfy, also said he did not wish to comment on the matter.

Former State Islamic Minister Sheikh Mohamed Shaheem Ali Saeed, currently Dean of Islamic Studies at Villa College, said he had not heard of the matter and would not comment on it unless the reports had been officially confirmed.

Online newspaper ‘Sun’ meanwhile today reported Dr Zakariyya as confirming that the reports were correct, and he had advised a student wearing the face veil to remove it while coming to study.

He reportedly told the paper that the Faculty of Sharia Law would “take strict measures” next year in such cases.

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