Tag: media

Comment: Maldives on path to Right to Information Act

Three years after conducting elections, the Maldives is on a path to participatory democracy by trying to finalise the Right to Information Bill, with the Bill under review by the Majlis Committee on Social Affairs. The Bill was drafted with inputs from civil society.

It’s a challenge for Maldives to implement Right to Information as a part of functional and participatory democracy. In general, both politicians and bureaucrats in Maldives accept that despite experiencing higher levels of human development compared to its neighbors in the South Asia region, the Maldives wasn’t an open society under 30-year long President Mamoon Abdul Gayoom’s administration. In a paradigm shift, the current President Mohamed Nasheed after being elected in the October 2008 general elections acknowledged that the previous administration was characterised by several examples of corruption and human rights abuses. Furthermore, the Maldives media was completely under the control of the government with little freedom for free and unbiased reporting until 2003. The right to freedom of speech and expression guaranteed by the then Constitution wasn’t in practice.

Earlier, the exercise of democratic reform initiated by Gayoom’s regime in its final years had given some meaning to the idea of freedom of expression. Censorship of the media was reduced considerably by the year 2006 which can be attributed to pressure from civil society and the opposition parties. However information from government bodies was disseminated by their public relations officers on a need to know basis only. The old Constitution did not contain any reference to the people’s right to information.

As part of the process of initiating democratic reform in 2007, the then Minister for Information and Legal Reforms drafted a Bill on the right to information. This Bill was closely modeled on the access laws of the Common Wealth countries such as United Kingdom and Canada. Article XIX an international resource organization on freedom of expression and access to information assisted the Government with drafting this Bill. The Bill could not pass muster in the People’s Majlis as it fell short of majority support by one vote.

Despite this debacle the Minister for Information and Legal Reforms took the initiative of converting the Bill into a set of regulations applicable to the executive only. The regulations were notified by Presidential decree on 03 May 2008 on the occasion of World Press Freedom Day. The objectives of the regulations were to: provide Maldivians with the right to access information held by government administrative specify the situations and conditions under which information shall not be disclosed.

The Government gave itself a lead time of eight months to prepare for the implementation of the regulations which were to become fully operational in January 2009. Under the regulations there was a provision to appoint an Information Commissioner to guide its implementation and adjudicate over access disputes. However by May 2008 the Civil Service Commission was created in order to shoulder the responsibility of recruiting and overseeing the civil service. The erstwhile Presidential function of recruiting people to the civil service was transferred to this Commission. The then Government took this step bowing to pressure from the opposition parties ahead of the Presidential elections. It is said that these procedural difficulties came in the way of the appointment of the Information Commissioner forthwith.

The new Constitution enacted in 2008 after the October 2008 elections guarantees not only the right to freedom of speech and expression but also the freedom to seek receive and impart information. Subsequently in November 2009 the Attorney General of Maldives tabled the Right to Information Bill 2009 in the People’s Majlis. This Bill is closely modeled on the existing RTI Regulations.

Challenges to Implementing RTI in the Maldives

Legislature challenge: As Maldives is presently undergoing a process of democratic consolidation the legislative agenda of the People’s Majlis is heavy and the law makers they will serve their purpose well if they acquaint with law-making and drafting legislatures. The RTI Bill is one of the important pieces of legislation waiting the approval of the Majlis.

Executive challenge: A large majority of the members of the bureaucracy continue to be unaware of the RTI Regulations. Further, the systematic challenges are compounded by the fact that government is going through a process of large scale restructuring, ministries and departments are being abolished and their duties and responsibilities reassigned to others. Instances of loss or misplacement of documents of the abolished offices during this transitional process are not rare. The existing departments will have difficulties when people start asking for information about the activities of the abolished offices. The communications system within executive is an obstacle in the infantry stages of the implementation of the RTI law.

The Maldives is currently engaged in the process of democratic consolidation and restructuring of government. Despite this onerous task the Government has placed transparency high on its agenda. The introduction of the RTI Bill in the People’s Majlis is the first step in fulfilling the MDP alliance’s electoral promise of transparency in the administration. Still the bill needs several major changes for it to be matched up to international standards. The bureaucracy also needs to be more efficient to provide people with access to information in real time. Mass awareness raising programmes must be initiated to educate Maldivian about their right to information and its responsible use. In this way, advocacy in the Maldives can be both top-down and down-top.

Meanwhile, civil society has also pitched in with effective changes to be made in the Maldives Right to Information Bill for effective implementation of the RTI. The recommendations on the bill made by the Commonwealth Human Rights Initiative would like to point out the following changes that are applicable at various places throughout the RTI Bill:

Gender sensitive language must be used: It is common practice in both developed and developing countries to use gender-sensitive language in the drafting of legislation.

Replace ‘records’ with ‘information’: The RTI Bill purports to provide access to people to the ‘records’ held by public authorities. However as the title of the Bill suggests it is a law intending to provide for the right to access ‘information’ and not merely ‘records’ which is a sub-category of the former.

In practice, the use of the word ‘record’ is much more limiting than the use of the term ‘information’. Providing access to “information” will mean that applicants will not be restricted to accessing only information that is already in the form of a hard copy record or document. The current formulation excludes access to materials such as scale models; samples of materials used in public works and information that may exist in disaggregate form in multiple records that may require compilation or collation. Replacing the term ‘records’ with the term ‘information’, unless otherwise required by the context is required.

Ensure stricter harm tests in the exemption clauses: Several exemptions clauses listed in the Bill have a lower threshold of harm test than what is considered as international best practice. The term ‘prejudice’ is used to define the harm caused to a protected interest if information is disclosed under specific circumstances [For example S27 (a), 28, 30]. ‘Prejudice’ is a vague term and is amenable to varied interpretation. Instead the phrase ‘serious harm’ is a much better usage as it requires that sound arguments and logic be put forth to refuse disclosure.

Public authorities must have a duty to confirm or deny possession of information: most of the clauses stipulating the circumstances in which information is exempt from disclosure do not place a duty on public authorities to confirm or deny the existence of a record in their possession. For example, S23 relating to personal information, S24 relating to protection of professional privilege, S25 relating to business affairs and trade secrets, S26 relating to health and safety, S28 relating to law enforcement, S29 relating to defence and security, S30 relating to economic interest, S31 relating to administration and formulation of policy and S32 relating to a Cabinet document all empower a public authority to refuse to confirm or deny the existence of a record in its possession.

This rider is characteristic of the second generation of access laws passed after World War II. The access laws of Canada, Australia passed in the 1980s and more recently the access law in UK contain such provisions. However several access laws belonging to the third generation enacted during the 1990s and later place an obligation on public authorities to confirm or deny the existence of a record. The change in international best practice is most welcome as the absence of an obligation to confirm or deny the existence of a record opens the path to commit a lot of mischief.

In conclusion, the implementation of the RTI in Maldives means that beginning of decentralization and participatory governance and a citizen-friendly orientation to government. This will help Maldives in effective nation-building and empowering citizens.

Venkatesh Nayak is Coordinator, Access to Information Programme and Balaji is Volunteer with Media Unit of Commonwealth Human Rights Initiative

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Rebels push Gaddafi back as NATO provides aircover

Forces loyal to Libyan President Muammar Gaddafi have been pushed back by Benghazi rebels after coalition airstrikes grounded both the Libyan airforce and tank columns.

The rebels yesterday retook the oil export towns of Brega and Ajdabiya in the country’s east, the latter 30 miles from the refining station at Ras Lanouf.

Spokesperson for the rebel’s Transitional National Council, Shamsiddin Abdulmollah, told journalists in Banghazi that Gaddafi’s forces were “now on the back because they no longer have air power and heavy weaponry available.”

AFP meanwhile reports that 117 people have been killed and more than 1300 wounded in a week of attacks by Gaddafi’s forces on Misrata, Libya’s third largest city, which has been targeted by snipers and artillery after French aircraft destroyed at least five planes and two helicopters in the region yesterday.

US President Barack Obama stated over the weekend that NATO was fulfilling the UN Security Council’s resolution and that the no-fly zone had been established to protect civilians.

“Make no mistake, because we acted quickly, a humanitarian catastrophe has been avoided and the lives of countless civilians – innocent men, women and children – have been saved,” Obama said.

Gaddafi’s government has accused the international community of pushing the country into civil war by choosing sides: “it is not to protect civilians because now they are directly fighting against the armed forces,” Deputy Foreign Minister Khaled Kaim told Associated Press.

Libya’s former ambassador to the United States, Ali Aujali, has meanwhile praised the intervention as warding off “another massacre in Africa that [would have been] remembered like Srebrenica and Rwanda. It was the right action at the right time.”

Meanwhile, the foreign press pack in Tripoli was visibly shaken after a woman in her 30s, Iman al-Obeidi, burst in on foreign journalists at the Rixos Al Nasr hotel to say she had been gang raped by 15 government militia.

Obeidi showed the media slashes and bruises on her body, and screamed as Gaddafi’s media minders hauled her outside. Two journalists who tried to protect Obeidi were punched and beaten by the minders, who smashed cameras and reportedly drew a gun and threatened the media, claiming Obeidi was mentally ill.

Correspondent with the UK’s Channel 4 television station, Jonathan Miller, was knocked to the ground and kicked when he attempted to intervene.

“There was a desperate sense of our failure to prevent the thugs taking her away,” Miller told papers in the UK today. “There was nothing more that we could have done as we were overtly threatened by considerable physical force.”

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Parliament cuts off live feed to DhiFM, summons journalists

A parliament decision to cut a live feed to private radio station DhiFM and summon some of its journalists before its general affairs committee tomorrow over allegations of contempt during a live broadcast has been roundly condemned by the Maldives Journalist Association (MJA).

”We believe that the media has the authority to report the dialogue of MPs, broadcast what is going on inside the parliament as well as the authority to criticise,” read a press release by the MJA. ”It is a right guaranteed by the constitution and we call on the parliament not to violate that right.”

The MJA notes that the parliament’s action to last week cut the feed – reportedly in response to “disrespect” exhibited to some MPs by DhiFM presenters – was both unwarranted and disproportionate, adding that parliament should have recourse to other means than unilaterally terminating the live coverage of parliament sittings.

”This association does not believe that a responsible institution of the state would have to stop sending live feed to a media outlet in order to complain about its reporting,” reads the MJA statement. ”It is also questionable whether the live feed was stopped after investigating the matter.”

The press association warned that such actions could undermine press freedom by silencing the media.

However, the MJA also called on local media to be responsible in their duties as well as appealing for MPs to ensure the freedoms guaranteed by the constitution are practiced to their full extent.

Parliament Secretary-General Ahmed Mohamed is currently abroad and was unavailable for comment.

CEO of DhiFM, Masoodh Hilmy confirmed that the parliamentary committee sent two letters to the radio station requesting a recording of its ”Breakfast Club” programme last week and summoning the two DhiFM journalists who presented the programme in front of a committee tomorrow.

”We have not yet decided whether we will send the two journalists, because currently we are seeking legal advice to determine whether legally we are obliged to attend parliament if requested,” said Masood. ”We will abide by all laws, and we do not believe that we violated the privileges of MPs.”

Masood characterised the action taken by the parliament as a challenge to the freedom of press.

”It is a step backwards in terms of democracy, I think its the first time in history the parliament has summoned journalists,” he said, adding that the incident was “regrettable”.

Masood added that while DhiFM has not officially been informed that the live feed had been disconnected, “our technical department says that we haven’t been receiving signals from the parliament.”

The MJA’s criticism comes just a month after it spoke out along with other media figures like the editor of Haveeru to criticise police in requesting to speak with some of the paper’s journalists concerning the identity of sources on which it based a report.

The story focused on an alleged blackmail ring that reportedly obtained pornographic images of some high-profile national figures through the internet, which has been the basis of an ongoing police investigation.  Haveeru said at the time that its staff declined to reveal the identities of its sources.

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International Women’s Day celebrations to be held Artificial Beach, 9-11pm

The Maldives will celebrate the 100th anniversary of International Women’s Day with a special event at the Artificial Beach in Male’ this evening, from 9-11pm.

The event is being organised by UNFPA in collaboration with Thirees Nuvaeh, an NGO focused on promoting traditional Maldivian culture.

The event will include a speech by Islamic Scholar Dr Qubaid, Kiran Bedi and MDP MP for Galolhu Uthuru Eva Abdulla.

Entertainment will include Boduberu/Dhigudhandi by Villigili and Hura Groups, Dhivehi Peoms, Bandhi, Raivaru, and Buzura Dance.

Full programme:

1. Recitation of the Holy Quran (3 minutes)
2. Introduction Raheema Adam (5 minutes)
3. Video Clip (15 minutes)
4. Speech by Country Director UNFPA Ms Lene Christiansen (7 minutes)
5. Speech by Aneesa Ahmed (10 minutes)
6. Speech by Keynote Speaker Savithri Goonesekara (15 minutes)
7. Speech by Eva Abdulla (10 minutes)
8. Speech by Faleelathusheikh Mohamed Qubad Abubakru (15 minutes)
9. Thank you note by Raheema (3 minutes)

10. Boduberu by Harubee (10 minutes)
11. Bandhi (5 minutes)
12. Raivaru (10 minutes)
13. Poem (10 minutes)
14 Buzura dance (5 minutes)

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Haveeru editor questions motivation of police press probe

Police questioning of two journalists over sources said to have seen indecent images used in the alleged bribery of high profile legal and political figures has raised suspicions that the conduct of law enforcement towards the media may be politically motivated, the editor of Haveeru has claimed.

Amidst ongoing investigations into a blackmail ring that allegedly used fake profiles of a young blonde woman on the Facebook website to obtain indecent and graphic images of a large swathe of Maldivian society, police last week obtained a court order to search the computers of some Haveeru staff.

Police officials said they ultimately opted not to conduct a search on Haveeru’s premises, but that the questioning of the journalists involved was important to an ongoing investigations into the suspected blackmail ring that has already seen a number of suspects arrested, including minors.

However, the questioning has been condemned by media groups such as the Maldives Journalist Association (MJA) as a step to suppress rights to a free media outlined under Article 28 of the constitution passed in 2008.

Haveeru Journalists Ahmed Hamdhoon and Ismail Naseer volunteered to take part in police questioning about an article published by Haveeru on February 22 concerning the content of images acquired through Facebook. The paper maintains it does not have any of the files in question.

Haveeru Editor Moosa Latheef told Minivan News that although police had acted politely and without aggression in requesting the identity of the sources said to have viewed the indecent images – a request he said was denied just as politely – the case could have serious ramifications for the national media in the future. Latheef stressed particular concern that should police repeat their conduct of looking to question journalists about their sources or stories.

“We are very much enjoying the press freedom in the Maldives right now. But I’m afraid that if the police or other institutions try to interfere with our [press] freedom then they will create an atmosphere where we are unable to fulfil our responsibilities,” he said. “If this repeats then we could have journalists who are afraid to write about issues. No one wants to go to the courts to defend himself or herself [over stories].”

Latheef said that in general, it could become very easy to begin such a case by accusing a journalist – or anyone – of having illegal content such as pornographic images on their computer. Yet on a wider level, the editor was wary about police being able to gain access to the computer files of the country’s journalists and their contents that could include confidential sources vital to break stories.

While the paper’s editor accepted that there were situations such as national security issues that could warrant a court to request the identity of a journalist’s source against commonly held industry ethics, he claimed such requests should remain very rare cases.

Latheef said that the Facebook bribery allegations were a story not about an issue of national security, but one concerning prominent members of the government, parliament and the judiciary, which paled in consequence to some of the stories he said Haveeru has previously published.

“Why are the police coming after us? We have written much more serious things about national issues like about corruption in the government, the opposition and the judiciary. This is not so serious news,” he said. “It will not damage any group as much as individual politicians, so if they have done something against their ethics, they can resign. They can submit their resignation to the president, or to the concerned parties or the judiciary. It is not like the national issues we have seen last August during the constitutional crisis.”

Latheef claimed that although he was not happy with the current government and opposition, he added that there had not been any interference with Haveeru’s output from either side of the national political spectrum in recent years.

“They didn’t interfere in anything like this. This why I’m considering why this time are police trying to get these sources? I suspect that the in some way perhaps the president or even an opposition leader may have tried to save someone close to them,” he said. “I am not sure, but maybe, the political influence may be behind this police action. Otherwise I don’t think police would take this kind of thing very seriously.”

Haveeru’s editor added that his suspicions were also raised by the nature of the police submissions to the Criminal Court for a warrant to investigate the paper’s office, which he said mentioned only that the investigation included members of the judiciary as opposed to other branches of state like parliament and the government.

“They did not mention the actual writing of our news report. We included that government officials, those in executive power, citizens and members of the judiciary may also be involved in these videos.  They mentioned in their submission to the court of only the judiciary [being included in the article].”

The editor claimed that he believed the submission was made to specifically ensure a court order against the paper’s staff, conduct which he derided in a Haveeru press release that was published yesterday.

Latheef claimed that no one at Haveeru had any of the alleged indecent images or to his knowledge seen the content; with reports by Hamdhoon and Naseer based on the accounts of “trusted” sources that included political insiders. However, he said it was accepted that police were also required to do their duty.

“They [police] suspected Haveeru had the porn [images and video files alleged to have been collected through the false Facebook sites] that they are investigating. That would be a criminal offense so it is police duty to investigate these kind of things,” added Latheef.

The Maldives Police Service has denied any allegations that its decision to seek a warrant from the country’s criminal court to search the computers of two Haveeru journalists – which was not carried out in the end – was a politically-driven attack on press freedom.

Police Sub-Inspector Ahmed Shiyam said that in light of the ongoing serious cyber crimes investigation into the Facebook profiles, attempts were made to to obtain further information from the sources used in Haveeru’s article.

“For that we needed more cooperation from Haveeru so we sought a court order to go ahead with this,” he said.

Shiyam claimed that the questioning was not therefore a ‘political attack’ on media freedom but a means to see what help the people mentioned in the article would be to the police investigation.

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UNICEF allocates US$1.72 million to promotion of child rights

UNICEF and its partners have allocated US$1.72 million to promote the rights of children in the Maldives, under the new UNICEF Maldives Country Programme 2011-2015.

In a statement, UNICEF said that activities identified in the 2011 plan include improving the legislative framework for child rights, strengthening the evidence base for policy planning, and improve capacity of government to deliver improved quality health care and water and sanitation services.

Support will also be provided to ensure enhanced national capacity to deliver inclusive and child friendly education, and to scale up services to protect the most vulnerable children and women from violence. UNICEF will also partner with civil society organizations and the media to enhance their capacity for active monitoring and reporting on children’s issues.

Partners for the implementation of the 2011 Annual Work Plan include the Juvenile Justice Unit of the Ministry of Home Affairs, Ministry of Health and Family, Department of National Planning of the Ministry of Finance and Treasury, Ministry of Housing and Environment, Ministry of Education, Maldives Police Services, Human Rights Commission of the Maldives and the Maldives Media Council.

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UK medical experts to help manage IGMH

The Malé Health Services Corporation (MHSC) is expanding its senior management team with three health professionals from the UK, who have been recruited to support the health transformation agenda of the MHSC, accelerate quality improvements, and rigorously hone cost efficiency.

The volunteers were recruited with the assistance of UK-based NGO Friends of Maldives and the Maldivian High Commission in London who together,have selectively been placing health volunteers around the Maldives through the International Volunteer Programme (IVP).

The three volunteers will initially come for one year, extendable to two years, and say they hope to leave a lasting, positive legacy within the MHSC, by developing local leaders in the medical sector.

Cathy Waters will start as the new General Manager of IGMH at the beginning of February 2011. Waters has 17 years of senior health management experience, including eight years as a Chief Executive in the UK’s National Health Service (NHS), where she demonstrated exemplary management of staff, personnel issues and substantial budgets in the face of major financial challenges.

Waters has also worked effectively as a senior management consultant, achieving organisational change and strategic development targets. Amongst her many qualifications, she has two Masters Degrees (one in Business Administration), an Advanced Diploma in Coaching, a teaching certificate in further education and is a qualified nurse, midwife and health visitor.

Waters says she believes wholeheartedly in involving the public and service users in providing better health care, and in coaching and developing individual health professionals into new and sustainable roles.

Liz Ambler will begin in the role of Nursing Director for MHSC in mid-March. She currently works for the UK’s Department of Health, whilst her specialist clinical background is in blood disorders and cancer care. With significant senior management experience in UK, the Middle East and Africa, she has a proven track record of improving health care quality whilst reducing expenditure.

Ambler has a Nursing Degree, a Masters in Public Health and a postgraduate certificate in Global Development Management, and says she “can’t wait to get stuck in” training, auditing, and developing clinical guidelines with MHSC’s nurses.

Liz is passionate about nursing, improving patient safety and motivating others to achieve good governance.

Rob Primhak has been appointed as Medical Director of MHSC and will make an initial visit mid-February 2011, before starting in earnest in July when he retires early from his Consultant Paediatrician post to take up this new and challenging role.

Primhak has 35 years of clinical and research expertise, primarily in the fields of respiratory medicine and treatment of children and newborn babies, both in UK and Papua New Guinea. He has successfully introduced innovative services and demonstrated a life-long commitment to the education and training of doctors, through the establishment of new curricula and training programmes. He aspires to leave a lasting impression on clinical governance at MHSC through development of health professionals and clinical quality standards.

“We look forward to working with the UK experts in revamping health care quality at MHSC, and are very optimistic about their successful team efforts in turning around IGMH”, said Mr Zubair Muhammad, Managing Director of MHSC.

Lucy Johnson is the Health Lead for UK-based NGO, Friends of Maldives.

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Journalists obstructed us during October protest coverage, say police

The Maldives Police Service has issued a statement following allegations made by the Maldives Media Council (MMC) that police used excessive force on journalists while they were covering the opposition-led protest in October 2010.

”On October 25, the behavior of the journalists covering the riot was different from how they have behaved during other riots, and they were definitely behaving in a way that that obstructed police from carrying out their duties,” said police in a statement.

”The Maldives Police Service hopes that the MMC, as the lawful body [overseeing] the media, will research the degraded actions of a few journalists who were active in the area and will work with them to correct their behaviour.”

The MMC has acknowledged that the behaviour of some journalists covering the riot “lacked discipline and professionalism”.

Police said they respected the media and believed that it was “very necessary in a modern democracy.”

”Police have worked very hard to establish easy ways for the media to gain information they need in matters related to police work,” police said.

The police recommended that the MMC avoid repeated incidents by researching how the media works in other democratic countries when covering riots and dangerous situations.

Several journalists from different media organisations have alleged that police attacked journalists covering the opposition Dhivehi Rayyithunge Party (DRP)-led protest.

Three journalists from DhiTV, two journalists from VillaTV and one from Miadhu reported that they were attacked by police.

The two journalists from VillaTV were also arrested, handcuffed, and released the same evening.

Following the incident, police claimed that the behaviour of some journalists resembled that of “opposition activists”.

‘’Some journalists opposed police orders and refused to stay in the security zone,” Shiyam said at the time. “It would have gone smoothly if they had worked according to orders given.’’

He said that police some journalists who opposed police orders were moved forcefully.

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Battling heroin in the Maldives: New York Times

Fifty percent of Maldivian youth are addicted to some kind of drug, according to a video report produced for the New York Times, ‘Battling heroin in the Maldives’.

“You would not find a family without a single member or near relative not suffering from drug abuse,” Foreign Minister Dr Ahmed Shaheed told journalist Mariana Keller, who visited the country with Mirva Lempiainen in June to run workshops on citizen journalism.

“Heroin was  first introduced 70’s, when Sri Lankan workers brought into the country to pave the roads,” Keller explains. “Most kids start using in school.”

And while it was previously hard to find somebody selling the drug, the introduction of mobile phones has made it very easy.

“Ordering a pizza in Male’ takes 30 minutes, but with brown sugar [heroin], it takes just five minutes for it to be at your door step,”  explains Ali Adyb from rehabilitation NGO Journey.

Jobs are scarce, but parents are willing to give their kids money, often feeding their addiction, narrates Keller.

Adyb places some responsiblity on parents: “Parents don’t want their kids to end up in jail – the path of denial is very strong with parents. Even if find out [about the drug use], they say ‘It’s not my son, it’s daughter’. And they practically give them money.”

The officials Keller spoke to blamed the country’s “porous borders” for the extent of the problem, and a lack of ability to scan cargo.

“We still don’t have equipment to scan certain kinds of cargo,” Vice President Dr Mohamed Waheed Hassan says, explaining that once the drugs enter the country, the supply becomes so scattered it is difficult to trace.

Adyb notes that Maldivian society was showing a growing acceptance of drug use.

“People don’t care as much anymore,” he tells Keller. “People accept it as part of life.”

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