Tag: minivan news

Resort workers union concerned over police detention of executive committee members

The Tourism Employees Association of Maldives (TEAM) has criticised police for arresting two of its executive committee members who attempted to travel to the One & Only Reethi Rah resort, following a High Court order reinstating them as workers at the property.

TEAM Secretary General Mauroof Zakir told Minivan News that Mohamed Khalid and Ali Muaz were detained by police on Thursday (May 30) while trying to catch the resort staff ferry. He said both men had remained in custody until being released by the Criminal Court today.

Both men were dismissed from the resort in 2009 over allegations of attacking the property’s then general manager – although no charges were filed at the time, TEAM has claimed.

A police media official today confirmed that the two men were detained by officers on Thursday for “interrupting the schedule” of the Reethi Rah staff ferry and had been held in custody for five days while investigations continued into the matter.

A spokesperson for operator Reethi Rah Resort Pvt Ltd (RRR) meanwhile said the company had not been notified of Khalid or Muiz’s plans to “visit” the property or received advance notice of their attempts to return to work on the site.

“RRR wishes to note that pursuant to applicable laws and practice, it is an offence to trespass on resorts and private property, by any person, without the consent of the owner,” the company stated.

RRR claimed that in the cases where it had reinstated “certain individuals from TEAM” following civil litigation, the workers had later refused to turn up to work.

“Despite not turning up for work after re-instatement, they claimed full salary and benefits, which has been paid to them without fail,” the company stated.

RRR said that it was presently the defendant in ongoing lawsuits filed by individual members of TEAM who had contested their reinstatement at the property.

The company noted that the individuals in question continued to claim they had not been reinstated, despite taking “salaries and benefits from RRR which only employees are entitled to”.

Court order

However, TEAM Secretary General Mauroof today accused management at One & Only of continually failing to comply with a High Court order requesting the reinstatement of nine staff members – including himself – over allegations they were unfairly dismissed back in 2009.

He claimed that RRR had previously issued a letter of reinstatement for Khalid and Muaz to return to the resort, but provided them with new positions in which they had no experience of working. TEAM said that the Civil Court as a result had previously fined the resort operator for failing to reinstate both workers to their previous positions as waiters at the property.

Following Khalid and Muiz’s arrests last week, Mauroof alleged that it was not the first time that police had attempted to stop the two men from boarding the staff ferry to travel to the resort, despite the Employment Tribunal ruling back in July 2009 that both men be reinstated to their former roles at the property. He said the Employment Tribunal ruling was later backed by High Court.

According to TEAM, as well as ordering the reinstatement of the nine workers dismissed from One & Only Reethi Rah back in April 2009, the resort had also been ordered to pay them their basic back salary and service charges up to September 2012.

TEAM said that it continued to seek negotiations with management at RRR over the issue of reinstating the dismissed staff to their former positions. With court cases continuing into the matter, Mauroof claimed that the resort owner was running out of ground to legally appeal its case, calling on the company to reinstate both men in line with the court order.

In the meantime, TEAM has said that Khalid and Muaz would “continue to fight” to return to work at the resort within the country’s laws and regulations, adding that they would again attempt to travel to the resort on the staff ferry.

With legal wrangling between RRR and TEAM over the staff dismissals continuing for the last four years, Mauroof said that the case remained vitally important to the dismissed workers. He said that amidst fears concerning unemployment rates in the country, the dismissed wished to return to their jobs for fear they might not be able to find positions at other properties in the country.

Industry fears

Despite the Maldives ratification this year of ILO eight “fundamental” International Labour Organisation (ILO) conventions, TEAM said it continued to be concerned about the rate of “unfair dismissals” across the resort industry.

While accepting that the country’s local workforce needed to be more “cooperative” with resort management, Mauroof accused some companies – particularly smaller local hospitality groups – of trying to keep workers “in the dark” regarding their rights.

“No one wants to lose their jobs in the industry, but we see some resorts trying to keep staff in constant fear that they face termination from their jobs,” he said.

Mauroof claimed that there were particular concerns over job security among staff working for local hotels groups, rather then multinationals and larger resort operators such as One & Only, which he said had a much better track record.

Minivan News was awaiting the response of the Ministry of Tourism, Arts and Culture at time of press if it had taken a role in the dispute between RRR and TEAM.

Rights monitoring

Deputy Tourism Minister Mohamed Maleeh Jamal said earlier this month that the tourism ministry closely monitored working standards and staff treatment across the industry.

Malle claimed at the time that from the ministry’s experience, the vast majority of the country’s resort workers and management were all working together to benefit the wider industry.

“If there is an issue, we will go and inspect resorts and make sure staff are being treated in line within the stipulated requirements,” he said.

Likes(0)Dislikes(0)

Government cuts costs of foreign missions, sacks staff

The government is cutting the costs of its 13 overseas missions, Minister of Foreign Affairs Dr Abdul Samad Abdulla told local media today.

“Foreign mission expenses are very high. In addition to the salaries, a large sum is spent on rent for officials,” Samad said, noting that the Maldives spent MRV 3.5 million (US$227,000) a year just on rent for some employees based overseas.

As well as curtailing maintenance of some missions, Samad said Councillor at the high commission in Malaysia, Hassan Khalid, and Deputy High Commissioner of the Maldives to India Khadeeja Ibrahim had also been dismissed “after serious deliberation”, Samad said,

Likes(0)Dislikes(0)

O’Level pass rate improves 10 percent on 2011

The Education Ministry has announced a 10 percent improvement in Cambridge O’Level examination pass rates for 2012.

President Mohamed Waheed claimed the results were due to education sector improvements, while former Education Minister Musthafa Luthfy claimed that these policies were enacted under the previous government.

The Education Ministry announced 2012’s Cambridge O’Level (grade 10) examination results on Saturday (May 25), noting that 31 students achieved global top 10 rankings, with five of these students having the “highest results worldwide” in various subject areas, according to local media.

The five students who achieved O’Level scores categorised as some of the “highest in the world” were presented with a prize and newly created presidential medal by President Waheed.

Additionally, 426 students achieved local top 10 rankings, meaning they achieved high scores in various subjects compared to other test takers in the Maldives.

“The number of students who passed five subjects was at 46 percent last year, whilst in 2011 it was at 37 percent,” said Education Minister Dr Asim Ahmed.

Receiving a ‘C’ or above in five subjects is considered a pass.

The the number of students who passed eight subjects increased two percent, from 17 in 2011 to 19 percent in 2012.

Overall 8,456 students in the Maldives participated in the 2012 exams, an increase from 6,100 in 2011.

Announcement of marks delayed

Preliminary results for the 2012’s Cambridge O’Level examination were not released sooner due to “difficulties” in analysis, the Ministry of Education said earlier this year, despite claiming “one of the highest pass rates to date”.

O’Level exams began in early October and concluded in late November 2012, the Education Ministry’s Department of Examinations (DPE) Director General Ibrahim Shakeeb told Minvian News.

“This is just how the process is; 90 days after the final exam session the preliminary results are available. Candidates can then ask to have their marks rechecked, which takes about a month,” Shakeeb explained.

“Students have a week or two to apply for rechecking, once the [preliminary] results are issued,” he continued. “Then the exams are sent to Cambridge.”

Preliminary O’Level exam results were issued to students at the end of January 2013.

“There were quite a large number of requests for rechecking, so it took Cambridge over a month to respond,” said Shakeeb.

“Final results are only issued after the recheck is complete. Cambridge does not release results country by country, rather [marks] are released online, globally,” he noted.

“Three to four months for the process to be completed is the norm,” he added.

Shakeeb told Minivan News earlier this year that the recheck process was ongoing and estimated it would be completed around late March.

Students are currently “in the middle” of the A’Level exam period, which began May 7 and will conclude June 24, according to Shakeeb.

Former Education Minister Shifa Mohamed previously claimed it was a change in Ministry of Education practice for preliminary O’Level results not to be publicly disclosed prior to the final results.

Preliminary Cambridge exam results arrive in January or February, with little difference between these and the final results, she explained.

“Analysis of these findings should only require three days,” Shifa said at the time.

Previous education policies

“The current government would not have been able to do anything in the period of time between coming to power [Febuary 2012] and when students sat for the exams [October 2012],” former Education Minister Dr Musthafa Luthfy told Minivan News today.

“The high exam pass percentage rate is due to what we did when we were in government,” he claimed. “Before us, there was no target set.”

The Maldivian Democratic Party (MDP) had aimed to raise O’Level pass rates from 27 to 60 percent in five years by implementing a holisitc educational policy involving multiple strategies, Luthfee explained.

The quality of Maldives school education and exam pass rates will continue to improve if the current administration abides by the policy guidelines put in place by the MDP government, he emphasised.

“There are several strategies which should be included in all aspects of education. Working on one aspect will not improve exam scores or educational quality,” said Luthfee.

“We rapidly established single session schooling for 55 percent of institutions to provide children the opportunity to engage in opportunities outside of the classroom and develop their character through extracurricular activities,” he explained. “This enabled improved student discipline and motivation.”

“Educational standards were also improved, by developing ‘smart school’ indicators to assess teachers, school authorities, and the Education Ministry,” he continued. “Previously there were no assessment standards.”

“Educational management – classroom and school – was enhanced, which included institutionalising mandatory inservice teacher training each term,” he added. “The education system was also decentralised, and school boards were developed to bring parents into the decision making process, which improved teacher and parent motivation.”

“We also supported private higher education and established the Maldives National University (MNU),” said Luthfy.

He claimed these policies have not been maintained under Waheed’s administration.

“This year there was no money to continue the single session schooling,” Luthfy said.

“If they continue to dismantle the strategies we’ve set, exam results will not continue to improve,” he noted. “However, if they abide by these strategies then quality of education and motivation will continue to increase.”

“The vigour of the policy program made the public aware of the importance of education and the importance of exam pass rates, as well as other educational aspects,” he declared.

The Education Ministry was not responding to enquiries at time of press.

Likes(0)Dislikes(0)

Car flips in Addu City accident, none injured

A car lost control and flipped over while traveling at high speed in Hithadhoo, Addu City today (May 27), reports local media.

The accident occurred near the Hithadhoo harbor at approximately 9am when the car’s driver attempted to overtake a motorcycle, police told local media.

The drivers of both the car and motorcycle were not injured, however the car sustained “a number of damages”, according to police.

Likes(0)Dislikes(0)

Recent wheat flour imports contain gravel, worms, and lice: FDA

The Maldives Food and Drug Authority (FDA) issued a food alert today (May 27) warning that recent imports of wheat flour contain gravel, worms, and lice, reports local media.

The FDA also advised local retailers to refrain from selling contaminated wheat flour stock.

The agency has received a “number of complaints” that stones and sand were found in recently sold wheat flour.

The FDA is currently conducting tests of wheat flour storage facilities in Male’, and thus far they have determined shipment number 4500003103, produced in March 2013 and set to expire on September 2013, did not contain any of the suspected contaminants.

Likes(0)Dislikes(0)

Police seize 349 drivers licenses in one week

Police withheld 349 drivers licenses last week for traffic violations, reports local media.

Police Vehicle Checkpoints (VCP) set up in different locations around Male’ from May 19th to the 26th enabled police to seize individuals’ licenses for various traffic violations.

The majority of violations were due to driving with expired “roadworthiness stickers”, resulting in 210 licenses taken, while expired annual registration fees, violating traffic signals, driving the wrong direction down one-way streets, driving while on a mobile phone, “dangerous” driving, and other miscellaneous violations comprised the remainder of offenses.

Police also detained 86 people for driving without proper licenses.

Likes(0)Dislikes(0)

Maldives women’s team forfeit basketball tournament over headscarf ban

The Maldives’ women’s basketball team refused to play without their headscarves, forfeiting the International Basketball Federation’s (FIBA) first under 18 three-on-three tournament held in Bangkok, Thailand earlier this week.

“The girls were really upset, we are as well. We came prepared based on the uniform the team wore in the last two games,” Maldives Basketball Association (MBA) President Ahmed Hafiz told Minivan News today (May 27).

“According to FIBA, the head cannot be covered during play. We have to go with FIBA rules if we want to play,” Hafiz stated.

The Maldives’ women’s basketball team has been allowed to participate in past tournaments while wearing burugaathah (headscarves), however the decision to make an exception to the rules “depends on the officials”, according to Hafiz.

“Qatar held a tournament two weeks back and there were some complaints that the Qatar team was wearing headgear, so FIBA was forced to apply the rules,” Hafiz explained. “Maybe that is the reason this issue came up for the Maldives [in this tournament].”

FIBA Asia has designed a jersey for Muslim players, but still needs to obtain FIBA international approval, according to the MBA.

“FIBA Asia is working on this because lots of Muslim countries are involved. Now the are suggesting to FIBA International to change the rules to allow headgear,” said Hafiz.

The Maldives’ under 18 women’s team is planning to participate in the upcoming Asian Youth Games, to be held this August in Nanjing, China, according to Hafiz.

“However, [the choice] is up to the players. We will not force them,” he said.

“This is a big problem for the game and will ruin the development of women’s basketball for a place like this, because there are still very few girl players and most wear the burugaa,” MBA Secretary General Arif Riza told Minivan News today.

“FIBA is pretty clear about the rules, so although the team has been allowed to play twice before, this was a mistake of ours also,” said Riza.

The primary issues of concern to MBA are that FIBA permitted the Maldives’ team to wear headscarves during tournaments in 2011 and 2012 as well as allowed other teams to play in violation of different dress code rules, such as wearing t-shirts instead of jerseys, according to Riza.

“Immediately after President Hafiz arrives [from Thailand] we will discuss the issue and write FIBA a letter,” said Riza.

“They should be allowed to have the right to play,” he declared.

FIBA Response

The headgear ban is “a part of FIBA Rules, but not a policy,” FIBA Asia Secretary General Hagop Khajirian told Minivan News Thursday (May 23).

“It has nothing to do with headscarves as such, but more to do with the regulations which stipulate that the playing gears of players has to be such that it may not cause any harm or hindrance to themselves or opponent players,” explained Khajirian.

Although these rules have “been the case always”, FIBA is currently reviewing the headscarf restriction.

“There have been requests from many nations regarding this. And the FIBA Asia Central Board, in its meeting [held] on April 24 in Kuala Lumpur, resolved to send a study paper to FIBA to be taken up for further consideration,” said Khajirian.

The choice to cover

While Maldivian women’s participation in basketball is slowly increasing, netball is popular nationwide. Although there are key distinctions between the two sports – such as no dribbling in netball – the rules are very similar, according to a skilled Maldivian netball player of nine years and student coach of six years.

“Wearing the burugaa while playing netball is no problem for us, it is not difficult and we’ve never experienced any injuries [from the headscarves],” she explained on condition of anonimity.

“Every person has the choice of whether or not they choose to wear the burugaa. However, it is a religious thing, in Islam Muslims have to cover, it is the right thing,” she continued.

“Although some are not wearing [headscarves], that is their choice,” she added.

The netball enthusiast agreed with the Maldives’ women’s basketball team decision to not remove their headscarves and forefit their game in the recent FIBA three-on-three tournament.

“Their choice was the correct one, they do not want to break religous rules,” she said.

“FIBA should change their rules if they want Maldivians to participate, because so many [women] are wearing burugaathah. They have to change so everyone can compete,” she added.

Burugaa bans

A senor researcher from the internatonal NGO, Human Rights Watch, previously highlighted the discriminatory issue of banning women from wearing headscarves, in a 2012 article “Banning Muslim Veil Denies Women a Choice, Too”.

“The sad irony is that whether they are being forced to cover up or to uncover, these women are being discriminated against. Banned from wearing the hijab – a traditional Muslim headscarf – or forced to veil themselves, women around the world are being stripped of their basic rights to personal autonomy; to freedom of expression; and to freedom of religion, thought and conscience,” wrote Judith Sunderland.

“Denying women the right to cover themselves is as wrong as forcing them to do so. Muslim women, like all women, should have the right to dress as they choose and to make decisions about their lives and how to express their faith, identity and moral values. And they should not be forced to choose between their beliefs and their chosen profession,” notes the article.

Muslim women’s basketball players in Switzerland and Baharain have also faced controversial opposition to their refual to remove their headscarves.

The Baharaini team was “lauded” for their refusal to remove their headscarves during an international competition in 2009, according to Gulf News.

Meanwhile, Sura Al-Shawk, a 19 year-old STV Luzern basketball player, was denied permission to play while wearing a headscarf by the Swiss basketball association ProBasket in 2010, reported the Associated Press.

ProBasket told the Associated Press it followed FIBA rules and that wearing the headscarf while playing basketball “could increase the risk of injury and the sport has to be religiously neutral”.

In July 2012, the Fédération Internationale de Football Association (FIFA) overturned a headscarf ban, which was put into place in 2007, after a yearlong campaign led by FIFA vice president Prince Ali of Jordan, reported the Associated Press.

Likes(0)Dislikes(0)

Maldives “fully implements” three of UN’s 145 human rights recommendations: UPR mid-term assessment

The Maldives has “fully implemented” only three of the UN Human Rights Council’s 145 recommendations since its Universal Periodic Review (UPR) in March 2011.

A mid-term assessment of the Maldives’ commitment to human rights instruments, such as the International Covenant on Civil and Political Rights (ICCPR), stated that 12 recommendations had been “partially implemented”, 33 “not implemented” – or rejected outright – while 96 recommendations received “no response”.

Recommendations fully implemented included provisions relating to accepting the Rome Statute of the International Criminal Court (ICC), and the withdrawal of certain reservations to the Convention to Eliminate All Forms of Discrimination Against Women (CEDAW).

The UPR report sought comment from assorted NGOs, the Maldivian state and the Human Rights Commission of the Maldives (HRCM) in compiling the progress so far.

It noted that while the Maldivian government had made a formal commitment to provide a mid-term report, “it did not respond to our enquiry.”

“[HRCM] did not respond to our enquiry either.”

In the absence of input from the government or the country’s national human rights body, the majority of responses and comments on the recommendations were provided by three NGOS: Earthjustice & Human Rights Advocates (EJ+HRA), Friends of Maldives (FOM), and the Global Initiative to End All Corporal Punishment of Children (GIEACPC).

Treatment of minorities

In response to a recommendation from Norway that the government try to promote tolerance towards migrants in the Maldives, FOM stated it was unaware of any efforts to prevent stigmatisation.

“The stigmatisation has risen to concerning levels, especially towards Bangladeshi, Indian and Srilankan labourers,” FOM stated.

FOM noted that a bill on the Prohibition of Human Trafficking and People Smuggling had been submitted to parliament in December 2012, but said this had not yet been tabled for discussion and had not been subject to consultation with either the public or the NGO sector.

Regarding a recommendation for laws concerning the treatment and human rights of the physically and mentally disabled, “Legislation protecting persons with physical and mental disabilities seem to be of little or no interest within lawmakers,” observed FOM. “There is very little awareness on the importance of this matter. This is particularly concerning in the areas of law enforcement. For example, there are no protocols within the police service when dealing with persons with physical or mental disabilities.”

Treatment of women and children

In response to a recommendation that the Maldives abolish corporal punishment and the practice of public flogging, particularly of women and children, GIEACPC noted that the draft penal code included a legal defence for the use of corporal punishment in the home “under the concept of ‘justifiable force’ on a child for the ‘prevention or punishment of his misconduct’, providing this does not result in ‘death, serious bodily
injury, extreme or unnecessary pain or distress’.”

“The draft was recently amended to provide for Sharia punishments, including amputation, though it is unclear as yet if this would be imposed on child offenders,” GIEACPC noted.

FOM noted that despite the government’s ratification of the CEDAW and withdrawal of reservations to certain clauses, “women in the Maldives still face corporal punishment, notably with the recent case of a 15 year-old girl condemned to flogging despite being the victim of sexual abuse.”

FOM observed that there was a “clear rejection by the judiciary to reform, and this has been a major challenge that the Parliament, Executive as well as the civil society have been facing for the past years.”

Bringing domestic laws concerning marriage, divorce, inheritance, equal rights, and sexual and domestic violence and abuse in line with CEDAW was “particularly difficult” due to the country’s extremely narrow interpretation of Sharia and its strict application, stated FOM.

Issues relating to the rights of women remained “still highly controversial between the government and NGOs”, FOM observed, noting that this was possibly due to the government’s alliance with the Adhaalath Party, “a political movement that is seen to have more fundamental views and narrow interpretations of the Islamic Sharia, which has negative effects in terms of rights of women and girls.”

FOM also highlighted a growing trend of “families withdrawing girls from school in the name of religion.”

“These girls are then coerced into marriage in ages as early as nine to twelve years. There have been no visible efforts to control this or protect the right to education of these children. Although regulations prescribe that the age for marriage is 18, religious fundamentalists take refuge in Islamic Sharia over these matters and withhold that the consent of these girls are in the hands of their fathers or guardians. No efforts to prevent or react to these incidents have been seen in the Maldives,” FOM noted.

Justice system

Despite “elevated public discontent” over the state of the judiciary, formal dialogue as to its reform had been limited, FOM noted.

Regarding a recommendation by Malaysia that the Maldives accept offers of human rights training for judges and judicial staff, FOM responded that it was “aware that several international organisations as well as some local NGOs offered funds and programs in order to enhance the knowledge of human rights for judges, and that such funds exist presently, namely with the UNDP. However the judiciary have on several occasions ignored or avoided such offers for enhancement of knowledge.”

While a voluntary code of conduct for judges had been developed by the Judicial Service Commission, “the implementation of this code is not monitored. In addition
the general public view is that the code needs several amendments.”

Meanwhile, a report containing recommendations by the UN Special Rapporteur for the Independence of Judges and Lawyers had met with no response from the government, and public dismissal by several members of parliament.

Human rights

FOM observed a “serious deterioration in [the Maldives] process of promoting and protection of human rights”, with “continued confrontations between the law enforcement and protesters calling for fundamental rights and freedoms have resulted in excessive police brutality, obstruction of the right to assembly through the amendment of the existing Regulations on Assembly, several physical attacks and threats on journalists and many more such incidents which have been ignored by the relevant authorities.”

“Members of the police force who are seen on video clips to have brutalised protesters have since been given promotions. A single case of police brutality that the Police Integrity Commission investigated and which the Prosecutor General charged for, was rejected by the Criminal Court,” FOM noted.

Responding to a recommendation by France that the Maldives ensure the safety of journalists, FOM noted that “the situation of the journalists are such that they are targeted and harassed for what they report on. Some received physical threats and it is believed that politically motivated attacks on journalists have left them fighting for their lives.”

UNHRC Panel report

A delegation from the Maldives defended the Maldives’ human rights record before the UNHRC in July 2012.

It was headed by Home Minister Dr Mohamed Jameel, former Justice Minister during the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012.

Dr Jameel was accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam.

Asked by a panellist whether the country was seeking to reconcile human rights with Islam, Dr Jameel responded that human rights in the Maldives streamlined with Islam “with very few minor exceptions.”

“The general acceptance of Muslim jurists is that Islamic human rights were there long before we subscribed to universal human rights,” he said.

“We declare that there are no apparent contradictions between human rights and what is there in the Maldives constitution.”

On the subject of justice, Dr Jameel emphasised that any citizen could bring their grievances before the judiciary, over which the executive had “little or no influence.”

Following the delegation’s defence, the UNHRC recommended “radical changes” to Maldivian law to ensure compliance with the International Covenant on Civil and Political Rights (ICCPR).

These changes include the abolition of the death penalty, compensation for “systematic and systemic torture,” withdrawal of reservations to the ICCPR’s Article 18 regarding freedom of religion and belief, and reforming the country’s judiciary.

A panel member during the UNHRC session itself also noted the “troubling role of the judiciary at the centre” of the controversial transfer of power on February 7.

“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” the panel member observed.

Read the UPR mid-term assessment

Correction: An earlier version of this article incorrectly stated that the UPR was conducted in 2012. The Maldives UPR held between 4 November 2010 and 27 March 2011. On 4 November 2010, the Maldives performance was reviewed, queried, debated and responded to in a 3 hour discussion in which nearly 150 recommendations were made. After this discussion, a report was compiled and in March 2011, the Maldives gave a commitment to implement 145 of those recommendations.

Likes(0)Dislikes(0)

A justice system in crisis: UN Special Rapporteur’s report

UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, has expressed “deep concern” over the failure of the judicial system to address “serious violations of human rights” during the Maldives’ 30 year dictatorship, warning of “more instability and unrest” should this continue to be neglected.

“It is indeed difficult to understand why one former President is being tried for an act he took outside of his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” wrote Knaul, in her final report to the UN Human Rights Council following her Maldives mission in February 2013.

The report is a comprehensive overview of the state of the Maldivian judiciary and its watchdog body, the Judicial Services Commission (JSC). Knaul examines the judiciary’s handling of the trial of former President Nasheed, the controversial reappointment of unqualified judges in 2010, and the politicisation of the JSC.

Knaul also examines parliament’s failure to pass critical pieces of legislation needed for the proper functioning of the judiciary and “legal certainty”, as well as raises serious concerns about an impending budget catastrophe facing the judicial system.

“The immediate implications of the budget cuts on the judiciary are appalling. For instance, the Department of Judicial Administration only has funds to pay staff salaries until November 2013 and it had to cancel training this year,” Knaul notes.

“The Civil Court reported that it would not have sufficient funds to pay its staff salaries after October 2013; furthermore, existing budgetary resources would not be sufficient to pay for utilities and facilities after June 2013,” she adds.

The Nasheed trial

Former President Mohamed Nasheed is currently facing criminal charges in the Hulhumale’ Magistrate Court for his detention of the Criminal Court’s Chief Judge, Abdulla Mohamed, days prior to the controversial transfer of power in February 2012.

“Judge Abdulla had allegedly shielded a number of powerful politicians in corruption cases by refusing to issue orders to investigate, and many complaints had been made regarding his conduct and supposed lack of ethics,” Knaul outlined.

“The Judicial Service Commission had completed an investigation on him in November 2011, holding him guilty of misconduct. This decision was appealed to the Civil Court, which ordered that the Judicial Service Commission’s complaint procedure be suspended.

“Although the Commission appealed the Civil Court’s ruling, Judge Abdulla was allowed to continue in his functions,” she added.

The opposition Maldivian Democratic Party (MDP) maintain the case against Nasheed is a politically-motivated attempt to convict and bar him from the September 7 presidential elections, while the new government has emphasised the judiciary’s independence and insisted on its policy of non-interference.

Following Knaul’s visit and her departure statement, several members of the JSC have also challenged the commission’s creation of the Hulhumale’ Court, and its appointment of the bench. The commission includes several of Nasheed’s direct political rivals, including a rival presidential candidate, resort tycoon, Jumhoree Party (JP) Leader and MP Gasim Ibrahim.

“The trial of the former President raises serious concerns regarding the fairness of proceedings,” Knaul notes, questioning the constitutionality of the Hulhumale’ Court and the appointment of the three-member panel of judges, “which seems to have been set up in an arbitrary manner, without following procedures set by law.”

“According to the law, the Prosecutor General’s office should have filed the case of Mr Nasheed with the Criminal Court. While the concerns of the Prosecutor General’s office regarding the evident conflict of interests in this case are understandable, since Judge Abdulla sits in this court, it is not for the Prosecutor to decide if a judge is impartial or not,” stated Knaul.

“The Prosecutor should act according to the law when filing a case, as it is the duty of judges to recuse themselves if they cannot be impartial in a particular case,” she explained.

“All allegations of unfair trial and lack of due process in Mr Nasheed’s case need to be promptly investigated, including the claims that the trial is being sped up to prevent Mr Nasheed’s participation in the 2013 elections,” she added.

Knaul noted a decision by the Supreme Court to declare the Hulhumale’ Magistrate Court as legitimate after the Commission filed a case with it in 2012.

“The Special Rapporteur was informed that the judge of the Supreme Court who cast the deciding vote in this case also sits as a member of the Judicial Services Commission, whose decision to establish the Hulhumalé court as a magistrates court was under review,” the report noted.

Politicisation of the JSC

Knaul observed that the JSC had a “complicated” relationship with the judiciary, given that the commission “considers that it has exclusive jurisdiction over all complaints against judges, including over criminal allegations, while the Prosecutor General understands that the criminal investigation agencies have the competence to investigate criminal conducts by anyone.”

Knaul underlined that “judges and magistrates, as well as other actors of the justice system, are criminally accountable for their actions. Criminal actions entail consequences and penalties that are different from those resulting from disciplinary or administrative investigations.”

The special rapporteur stated that there was near unanimous consensus during her visit that the composition of the JSC – which draws members from sources outside the judiciary, such as parliament, the civil service commission and others – was “inadequate and politicised”. This complaint was first highlighted in a report by the International Committee of Jurists (ICJ) in 2010.

“Because of this politicisation, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

State of the courts

Conflicts of interest and the resulting impact on judges’ impartiality was also a concern, noted Knaul.

“It seems that judges, and other actors of the State, do not want to fully acknowledge and understand this concept, leading to the dangerous perception from the public that the justice system is politicised and even corrupted,” she said.

Knaul also expressed “shock to hear that many members of the judiciary, including in the Supreme Court, hold memberships in political parties.”

The Supreme Court, she noted, has meanwhile been “deciding on the constitutionality of laws ex-officio, without following appropriate examination procedures, under the understanding that they are the supreme authority for the interpretation of the Constitution.”

The relationship between prosecutors and the judiciary was also difficult, Knaul noted, expressing “serious concern” that some courts “use the threat of contempt of court and disbarment to impose their decisions and superiority over prosecutors.”

“The lack of a centralised case-management system does not facilitate their tasks either. In some places, such as Addu City, one prosecutor covers four courts and is often called to different hearings at the same time,” she observed.

“Symbolic” reappointment of judges

Two months prior to the end of the constitution’s transitional period and the deadline for the appointment of new judges according to moral and professional criteria – article 285 – the interim Supreme Court informed President Nasheed “that all its members would permanently remain on the bench.”

This action, Knaul noted, had “no legal or constitutional basis.”

“The five judges who had been sitting on the transitional bench were appointed to the seven-member permanent bench, leaving many with the perception that the Supreme Court was appointed in a politicised manner,” she noted.

The rest of the courts followed suit several months later at the conclusion of the interim period, with the Commission “opting for interpreting article 285 of the Constitution in a rather symbolic way and [not scrutinising] judges’ qualifications thoroughly.”

“For instance,” Knaul noted, “not all criminal allegations pending against judges were investigated. This resulted in a seemingly rushed reappointment of all sitting judges but six, which in the opinion of many interlocutors corrupted the spirit of the constitutional transitional provision.”

While the 2008 Constitution had “completely overturned the structure of the judiciary”, at the conclusion of the JSC’s work on article 285, “the same people who were in place and in charge, conditioned under a system of patronage, remained in their positions.”

As a result, “many believe that some judges who are currently sitting lack the proper education and training […] A simple judicial certificate, obtained through part-time studies, is the only educational requirement to become a judge.”

Way forward

Knaul’s report contains four pages of recommendations for judicial reform, starting with a “constitutional review” of the composition of the Judicial Services Commission – the same conclusion reached by the ICJ in 2010.

“The Maldives finds itself at a difficult crossroad, where the democratic transition is being tested, while remnants of its authoritarian past are still hovering,” Knaul observed, stating that the power struggle she witnessed during her visit had “serious implications on the effective realisation of the rule of law in the Maldives.”

Among many other recommendations, Knaul called on the government to show “strong and nonpartisan leadership”, by pushing for “constructive dialogue aimed at establishing clear priorities for the country, the adoption of necessary core legislation, and policy measures to consolidate the democracy. Such leadership should be guided by the Maldives’ obligations under international human rights law, which provide for a sound and sustainable foundation for democracy.”

She also noted that “the delicate issue of accountability for past human rights violations also needs to be addressed.”

Read the full report

Likes(0)Dislikes(0)