Tag: minivan news

Amputation for theft added to draft penal code

The draft penal code bill has been amended to include punishments as prescribed in the Quran, such as amputation for theft.

The new article added during a parliamentary committee meeting Thursday (March 28) states that if someone convicted of a crime requires legal punishment, as specified in the penal code, that person will face punishment as stated in the Quran.

MP Imthiyaz Fahmy clarified the amendment to the draft penal code is about hadd punishments only and “not at all” about all Sharia offences, speaking with Minivan News today.

“Hadd offenses are already crimes in the draft penal code. However the prescribed punishments in Sharia for those particular crimes are not codified in the draft penal code, but instead they are left up to the interpretation of Sharia,” stated Fahmy.

“But to completely evade making a reference to hadd punishments or to mention that no hadd punishment at all should be imposed is impossible to the the fact that Sharia shall be one of the basis of all the laws of the Maldives,” he added.

Criminal punishments are detailed for murder, fornication, thievery and drinking alcohol.

The committee’s chairperson, MP Ahmed Hamza, told Sun Online the new draft penal code will require amputating persons convicted of theft, while a person convicted of apostasy (renouncing Islam) will also face punishment.

The bill does not include apostasy as a crime, therefore someone found guilty of this offense cannot be subjected to Quranic punishment, committee member MP Ahmed Mohamed clarified.

Gambling is also not criminalised, according to committee member MP Abdul Azeez Jamaal Aboobakuru. He told local media that the bill does not “state a manner in which such crimes can be convicted”.

Fahmy explained that Sharia law does not prescribe a hadd punishment for gambling.

The penal code draft bill does include factors that must be considered before convicting a person of murder; for example, any contradictory evidence would prevent such a conviction.

Imposing the death penalty cannot be subject only to the confession of the accused.

“Sharia does not run headlong into death penalties, amputation or stoning to death. Therefore depending on the circumstances, Sharia may avoid capital punishments,” said Fahmy.

He further clarified that Sharia punishments may be interpreted according to any of the schools of Sunni Muslims.

While interpretation of Sharia law punishments are within the purview of Maldivian judges, Fahmy believes that the current judicial system is incapable of providing Maldivian people justice, even with the new penal code.

“I do not believe the judiciary and the criminal justice system in the Maldives is capable of doing justice or able to take care of the new penal code. The judiciary is unable to ‘keep up with the Jonses’,” Fahmy stated.

The parliamentary committee’s additions to the bill follow its rejection of all but one amendment suggested by the Fiqh Academy of the Maldives.

Speaking to local media on Monday (March 25), Hamza said the committee had decided to accept only a suggestion concerning the offence of theft. Other amendments, he said, were merely changes to the wordings of the bill and carried little legal weight.

“They have submitted amendments to abolish certain sections. These include certain legal defences. When we looked into removing those defences, we found this impacted fundamental principles embedded to the draft penal code. So we decided to reject their suggestions,” he stated.

Following the decision, Vice President of the Fiqh Academy Sheikh Iyas Abdul Latheef told local newspaper Haveeru that the academy had informed parliament that current draft penal code should not be enforced in the country.

“The current draft does not include the Hadds established under Islamic Sharia. There is no mention of the death penalty for murder, the punishment of stoning for fornication, the punishment of amputation for theft and the punishment for apostasy. We proposed amendments to include these punishments,” Latheef stated.

Comments submitted by the United Nation agencies in the Maldives, Human Rights Commission of the Maldives (HRCM), and Attorney General are being considered and incorporated into the draft text.

The initial draft of the penal code was prepared by legal expert Professor Paul H Robinson and the University of Pennsylvania Law School of the United States, upon the request of the Attorney General in January, 2006. The project was supported by the United Nations Development Program (UNDP).

Professor Robinson’s team have published two volumes (Volume 1 and Volume 2) consisting of commentaries on sections of the draft bill.

The bill was first sent to the Majlis (parliament) in 2006 and will replace the 1961 penal code.

The penal code bill is being forwarded to the parliament floor this upcoming week, according to local media.

False preaching regarding rape and fornication

The parliamentary committee slammed the “false preaching” of the Chair of Adhaalath Party’s Scholars Council Sheikh Ilyas Hussain over the bill earlier this week.

Sheikh Ilyas declared that the new penal code does not recognise fornication with mutual consent as an offence.

MP Nazim Rashaad contended that whether sheikh or not, nobody could misinterpret the clause and claim that the bill did not recognise “mutually consented sexual intercourse” as an offence, and accused the Sheikh of lying to discredit the bill and parliament.

Briefing committee members on the sections concerning sexual offenses, Rashaad stated that under the draft penal code, both fornication and rape are offences under section 411 of the draft bill.

The existing penal code does not explicitly recognise “rape” as a crime, and cases are handled under provisions for sexual offences.

Likes(0)Dislikes(0)

US invites Maldives delegation aboard USS John C Stennis aircraft carrier

Senior government officials were invited aboard a United States aircraft carrier on Wednesday (March 27) as it passed by the Maldives.

The visit was followed by the signing of a Memorandum of Understanding (MOU) between the Maldives and the US government on Thursday to install a free border control system in the country.

Tourism Minister Ahmed Adheeb, Defence Minister Mohamed Nazim, Home Minister Mohamed Jameel Ahmed, Police Commissioner Abdulla Riyaz and Vice President Mohamed Waheed Deen, were flown to the USS John C Stennis aircraft carrier as part of an arrangement between the US embassy and Maldives Defence Ministry.

The visit was documented by the ministers, who posted photographs on social media site Twitter.

Likes(0)Dislikes(0)

Women’s rights group protest against impunity of Civil Service Commission President following sexual harassment allegations

Local NGO Voice of Women (VoW) held a protest outside the Maldivian Civil Service Commission (CSC) on Friday (March 28) to oppose the return CSC President Mohamed Fahmy, after the Supreme Court dismissed parliamentary findings in a sexual harassment matter and permitted him to return to work.

Fahmy returned to work on March 17 following a Supreme Court ruling three days earlier, stating that Fahmy’s removal from his position by parliament was unconstitutional. According to the judgment, Fahmy was to be reinstated and compensated for lost wages since December 2012.

The 6-1 majority opinion of the Supreme Court bench held that Parliament’s Independent Institutions Committee violated due process and criminal justice procedures in its sexual harassment inquiry, and that Fahmy would receive two punishments for the same crime if he was convicted at court following his dismissal by parliament – double jeopardy).

The group of a dozen vocal protesters marched in the rain from parliament to the CSC, where they waited with placards for Fahmy to emerge. Some of these messages read: “sos save the csc from Fahmy,” “zero tolerance for sexual harassment,” “supreme court wake up,” “no more excuses, no more abuses,” “my body my rights,” “the workplace should be safe and free from oppression.”

VoW President Haifa Naeem explained to Minivan News that sexual harassment in the workplace is an endemic issue and that “victims are being re-victimised by the state”. VoW is urging parliament to fast track the sexual harassment bill.

“Once Fahmy’s integrity was lost, he should not be at the CSC. We are standing here with enough evidence that he has been sexually harassing people,” stated Naeem.

“Most women are afraid to come out because they are not protect by law or the state, but we are behind them,” she said.

VoW founding member Dr Abdul Malik echoed these sentiments.

“Systems are not in place to give necessary protection if women come out and voice these kinds of incidents,” Malik stated.

“We will back the victims to the extent civil society can, but its the responsibility of the state, judiciary and law makers who can do something, do more,” he added.

It is important to recognize what’s happening “all around” the government and throughout the nation, VoW Treasurer Aminath Saeed told Minivan News.

Re-victimisation

The CSC employee who filed the complaint against Fahmy, Shahuma ‘Shahu’ Haleem, spoke with Minivan News about her experience.

“He’s been doing this for quite some time now. This was the first thing I heard when I came to office, but I never thought he was ever going to touch me.

She explained that whenever she hears her friends talking about being sexually harassed she urges them to “speak up”.

“They are afraid of being fired, because he’s the ultimate boss [of the civil service]. Anyone cannot come out here today and do this. I can be fired and still survive, but not many people have that option,” Haleem stated.

Haleem explained that she filed complaints with parliament, the Human Rights Commission of the Maldives (HRCM), and the Ministry of Gender, Family and Human Rights. She claims the Gender Ministry did not even call her back.

The HRCM claimed that they had not received enough evidence to prove whether or not Fahmy had harassed the employee. In late November 2012, parliament dismissed Fahmy in a 38-32 vote after the Independent Institutions Committee investigated the complaint.

“Women are getting the wrong message, that some people are in fact untouchable,” stated Haleem.

“It’s been proven over again that he has lied and has in fact done it, but then the [Supreme] court rules in favor of him,” she added.

Government employee reactions

An long-term government employee in the crowd who asked not to be identified said workplace sexual harassment was a systemic problem throughout every government institution.

“That kind of harassment is totally accepted throughout our society. It has been tolerated for a long time and has become part of the Maldivian culture. People think that it is bound to happen when men and women are together,” she said.

“It’s because of the way women are perceived in society. We are see more as sexual objects, our productive role is less prominent, but our reproductive role is more [valued].

“Today’s protest is an important milestone because it has sparked debate. Even if you only see a few people here it speaks a lot for a country that has been suppressed for a long time. It is very brave for Shahu to bring this issue out into the open,” she added.

Other employees, both from the CSC and various government ministries, also spoke to Minivan News as they passed through the protest while leaving work.

Many said they do not know much about the issue, Fahmy or the allegations against him.

Others claimed sexual harassment “is a pretty big issue, but no one talks about it”.

A Ministry of Fisheries and Agriculture employee said he was aware of rumors that a lot of women faced sexual harassment and said he supported their cause.

“I also want women’s rights, but by protesting like this nothing will happen,” one woman declared.

A CSC employee told Minivan News that sexual harassment is a “problem” but said that “women are weak”.

“People don’t believe it is happening. They need to be more aware. Even in Shahu’s case most people didn’t find it a big deal,” another woman stated.

“People have to go to extreme lengths to show it’s actually sexual harassment,” she added.

Likes(0)Dislikes(0)

Nasheed’s lawyer arrested in Addu City

Former President Mohamed Nasheed’s lawyer has been arrested by police in Addu City after allegedly disobeying police orders on Wednesday night (March 27).

Hisaan Hussain, who is part of Nasheed’s legal team, told local media that she had been arrested shortly after her husband was detained by police earlier in the evening.

Local media reported that police had conducted an inspection at Hithadhoo Kalhibis beach barbecue area following reports that people had been intoxicated in the area.

According to Hisaan, her husband had been arrested after he had questioned the actions of the police when they turned up to the family event.

Hisaan claimed that she was then later arrested when she went to Hithadhoo Police Station to submit a request to act as her husband’s lawyer.

The Maldivian Democratic Party (MDP) has since claimed that the arrest of Hisaan – who has now been released by authorities along with her husband – was a direct attempt by police to intimidate Nasheed’s lawyers.

“We see it as pure harassment. The Police are trying to intimidate lawyers who represent the MDP and President Nasheed. It is extremely disturbing that the police have again displayed their complete disregard to the law.

“We urge the Police and the Police Integrity Commission to look into the matter and take urgent action against those officers who continue to violate the law & brutalise Women,” President Nasheed’s spokesperson MP Mariya Didi claimed.

Contrary to reports in local media, a statement from the MDP claimed that police had searched the area under a law relating to gang violence.

The MDP statement further claimed that Hisaan, who is 24 weeks pregnant, had been pushed to the ground by police, while her husband was punched in the face by an officer.

Police Spokesperson Chief Inspector Hassan Haneef was not responding to calls or text messages from Minivan News at time of press.

Likes(0)Dislikes(0)

President Waheed calls on Maldivians to improve conditions of expatriate workers

President Mohamed Waheed Hassan Manik has called upon Maldivians to “do everything possible” in order to improve the working conditions of Bangladeshi expatriate workers in the Maldives.

Speaking at a function to mark the Bangladesh Independence and National Day on Tuesday (March 26), Waheed stated that Bangladeshi expatriate workers make a huge contribution to the economic growth and development of the Maldives.

Acknowledging to the fact that Bangladesh accounts for the largest group of expatriate workers in the Maldives, President Waheed stated the importance of reflecting on the conditions of foreign workers in the country.

“Let me reiterate here the government’s unfailing commitment to ensure the rights of the expatriate workers in the Maldives are fully protected in accordance with the relevant laws of the Maldives.

“I take this opportunity to appeal to my compatriots in the Maldives to reflect on this current condition and do everything possible to improve the working conditions of our brothers and sisters and to ensure that their rights are always guaranteed,” said Waheed.

In 2010, it was claimed that the exploitation of foreign workers in the Maldives rivals fishing as the most profitable sector in the Maldivian economy after tourism.

High Commissioner of Bangladesh Rear Admiral Abu Saeed Mohamed Abdul Awal said that the commission was working closely with the Maldives government to address the issue.

Awal stated that the commission is dedicated to ensuring the treatment of expatriate workers by Maldivian employers, adding that the working conditions and rights of the employees need to be protected.

Last month, the head of Maldives Association of Construction Industry Mohamed Ali Janah alleged that almost half of all foreign employees in the construction industry were thought not to be legally registered.

A report on human trafficking in the Maldives saw the country remain on Tier 2 of the US State Department’s Watch List for Human Trafficking for the third year in a row, only narrowly avoiding a decent to Tier 3 – the most severe category.

Various government ministries claim to have stepped up efforts to address the problem in the past few months in the build up to this year’s human trafficking categorisation by the US State Department.

In January, President Waheed expressed concern about the rising number immigrants in the Maldives, claiming that the “foreign influence” threatens the country’s “Maldivianness”.

In regard to a potential decent to Tier 3 of the US State Department’s human-trafficking watch list this year, Waheed warned that the Maldives would face difficulties in seeking foreign assistance should it slip to the most severe category.

Speaking at the function on Tuesday night, President Waheed said that in order to become a modern democracy, Maldives must follow the “democratic experience” of Bangladesh and other developing countries in order to learn from their experience.

Likes(0)Dislikes(0)

DRP party congress scheduled for April

Dhivehi Rayyithunge Party (DRP) has announced its party congress is to take place between April 23-25, local media has reported.

DRP Spokesperson Zeena Zahir told local media that the congress had initially been scheduled for March, but was later cancelled due to the unavailability of the Dharubaaruge conference centre.

“We will be able to conduct it [congress] next month. Male’ City Council has notified us with a letter that Dharubaaruge will be available for that date,” Zeena was quoted as saying in local media.

The party is to hold elections for two deputy leader positions, youth wing leaders and women’s wing leaders during the congress.

Likes(0)Dislikes(0)

FDA close two pharmacies in Male’ for failing to reach authority’s standards

Maldives Food and Drug Authority (FDA) has ordered the closure of two pharmacies in Male’ after they failed to meet the authority’s standards.

An FDA official told local media that both Point Three Pharmacy on Sosun Magu and Furadhaana Pharmacy on Maaveyo Magu were ordered to close on March 23.

Point Pharmacy Chief Executive Officer Hamza Gasim said that Point Three Pharmacy was forced to close after the FDA found medication stored in pharmacy’s toilet, local media reported.

According to Hamza, only ointments and bandages had been kept in the toilet block, and that no ingestible or injectable medication had been stored there.

Likes(0)Dislikes(0)

Police assist with sea turtle rescue

Local police assisted with the collection and release of hatchling sea turtles by putting them in a freshwater pond and feeding them biscuits and rice.

The baby sea turtles were found in January on Nilandhoo island in Faafu Atoll.

A source involved in the rescue spoke to Minivan News about the incident.

“When there is too much light on an island, the baby turtles become confused and head inland instead of towards the sea [after being hatched]. People found the baby turtles all around and in the interior of the island,” the source explained.

“The Maldivian mentality is to keep the turtles as pets. They completely lack awareness. The police know this is illegal, so they collected all the turtles and put them in a freshwater pond.

“They also fed them biscuits and rice, because they were unaware of the proper diet for sea turtles.

Some of the turtles were injured and shrank, given their change of habitat and irregular diet, claimed the source.

“The police don’t know the proper conditions to keep sea turtles and lacked the facilities. A few died,” the source stated. “We don’t blame the police. At least they tried to save them.”

“They were very efficient and checked with the proper government authorities [regarding where they could be transferred for rehabilitation],” the source added.

Police Spokesperson Chief Inspector Hassan Haneef confirmed that many hatchling sea turtles were found on Nilandhoo and the local police intervened.

“The local police identified who had them, where they were located and then they were collected and released,” stated Haneef.

“At the time the local police were briefed and they coordinated with the Marine Research Centre in Male’,” he added.

Haneef was unaware of what the turtles were fed or if they were transferred anywhere to be rehabilitated.

Captive sea turtles

In late 2012, 104 hatchling turtles were taken from the uninhabited island Kakaaeriyadhoo in Shaviyani Atoll and sold to islanders on Kan’ditheemu.

“These baby turtles were kept in cooking pots with freshwater or small freshwater ponds and tanks,” a resident of Kan’ditheemu and conservationist Hassan Solah told Minivan News.

“This is very detrimental because they develop fungal infections and they cannot regulate their buoyancy since salt water is denser than fresh.

“The turtles become severely weakened and cannot survive in captivity or even in the ocean, assuming they are eventually released,” Solah added.

Kakaaeriyadhoo was previously leased by the island council to a local from Kan’ditheemu.

“I spoke with him and he agreed not to take any more baby turtles and sell them as pets. Now no one is caring for Kakaaeriyadhoo, it is under the care of the Atoll Council,” said Solah.

Likes(0)Dislikes(0)

Maldives overcome Singapore in second ACC Twenty20 tournament match

The Maldives has bounced back from defeat in its opening match of the Asian Cricket Council (ACC’s) Twenty20 elite cup tournament in Nepal with a five wicket victory over Singapore yesterday (March 27).

Having previously been defeated by host nation Nepal by 76 runs on Tuesday (March 26), the Maldives secured a narrow victory over Singapore during its second match of the tournament, held at the cricket ground at Pulchowk’s Institute of Engineering, the Himalayan Times publication has reported.

According to the ACC, the Maldives will now face Hong Kong on Friday (March 29), before playing its final Group A fixture against Malaysia on Sunday (March 31).

The Maldives squad is competing in the group for one of two spots available at the World Twenty20 Qualifier tournament to be held in the UAE in November.

Likes(0)Dislikes(0)