Tag: minivan

Maldives given final chance to avoid tier 3 in human trafficking report, face possible sanctions

The Maldives has been placed on the US State Department’s Tier Two Watch List for Human Trafficking for the fourth consecutive year.

As with last year’s report, the country avoided a downgrade to the lowest tier “because [the] government has a written plan that, if implemented, would constitute making significant efforts to meet the minimum standards for the elimination of trafficking.”

However US Ambassador-at-large for the Office to Monitor and Combat Trafficking in Persons, Luis CdeBaca, noted during the release of the report that the six countries again spared a downgrade would not be eligible next year – including Afghanistan, Barbados, Chad, Malaysia, Thailand and the Maldives.

This was, he noted, intended to prompt action in countries that were “getting comfortable being on Tier 2 Watch List, doing a minimum amount, not really doing all that much, not on the upward trajectory of a Tier 2 or a Tier 1 country.”

Tier 3 countries are defined by the State Department as those which “neither satisfy the minimum standards for the elimination of trafficking nor demonstrate a significant effort to do so”, and are open to non-humanitarian and non-trade international sanctions.

Human trafficking in the Maldives

The Maldives is a destination country for human trafficking, including sex trafficking and particularly forced labour and debt bondage. Maldivian children were also trafficked within the country, the State Department noted.

“An unknown number of the approximate 150,000 documented and undocumented foreign workers in Maldives – primarily Bangladeshi and Indian men in the construction and service sectors – face conditions of forced labor: fraudulent recruitment, confiscation of identity and travel documents, withholding or nonpayment of wages, and debt bondage,” the report stated.

“Migrant workers pay the equivalent of approximately US$1,000 to US$4,000 in recruitment fees in order to migrate to Maldives, contributing to their risk of debt bondage inside the country.

“In addition to Bangladeshis and Indians, some migrants from Sri Lanka, Pakistan, and Nepal reportedly experienced recruitment fraud before arriving in Maldives.

“Recruitment agents in source countries collude with employers and agents in Maldives to facilitate fraudulent recruitment and forced labor of migrant workers.”

Despite widespread acknowledgement of the practice and the government’s submission of a draft anti-trafficking bill to parliament in December 2012, the Maldives still has no specific laws prohibiting human trafficking and “the government of the Maldives made minimal anti-trafficking enforcement efforts during the year.”

While forced labour was prohibited under the 2009 Employment Act, it was not penalised, the report noted.

“The government reported investigating four and prosecuting two sex trafficking cases in 2012, compared to no prosecutions recorded in 2011,” the report stated.

However “the government did not report any prosecutions of government employees for alleged complicity in trafficking-related offenses [and] the absence of government translators prevented foreign trafficking victims from pursuing recourse through the Maldivian legal system.”

Deport first, ask questions later

Instead, the government focused on deporting undocumented immigrants without screening them for indications of human trafficking.

“Some of these immigrants subsequently were identified by a civil society group as trafficking victims,” the report noted. “Due to a lack of comprehensive victim identification procedures, trafficking victims may have been inappropriately incarcerated, fined, or otherwise penalised for unlawful acts committed as a direct result of their being trafficked.”

The State Department report specifically noted that between March and December 2012 the government “arrested, imprisoned, and deported 29 foreign females for prostitution at beauty salons without first identifying whether they were sex trafficking victims.”

“The government did not provide foreign victims with legal alternatives to their removal to countries where they might face hardship or retribution. Authorities did not encourage victims to participate in the investigation or prosecution of trafficking offenders. Police officers reported that suspected trafficking victims were fearful of being arrested or deported by the police,” the report stated.

The focus on deportation was noted, with government officials even observing that the Maldives “had not meaningfully addressed the role Maldivian recruitment agents play in facilitating human trafficking.”

Police were reported to have fined three local recruitment agencies found to have engaged in fraud and forgery, however “no labor recruiter or agency was criminally prosecuted for fraudulent recruitment practices”, despite the creation of a recruitment agency oversight body in April 2011.

Sex trafficking

The report noted that a “small number” of women from Sri Lanka, Thailand, India, China, the Philippines, Eastern Europe, and former Soviet countries, as well as some girls from Bangladesh and Maldives, “are subjected to sex trafficking in Male.”

Domestic trafficking involved the transport of children from their home islands to the capital Male for the purposes of forced domestic servitude, with some also facing sexual abuse.

The report noted that while the 2009 Child Sex Abuse Act criminalised the prostitution of children with a penalty of up to 25 years’ imprisonment for violations, Article 14 of the same act “provides that if a person is legally married to a child under Islamic Sharia, none of the offenses specified in the legislation, including child prostitution, would be considered a crime.”

“The government did not report any efforts to reduce the demand for commercial sex acts during the year,” the report noted.

Recommendations

The Maldives’ entry in the State Department’s report concluded with a long list of specific recommendations for the Maldives to combat human trafficking, and avoid the now otherwise inevitable downgrade to Tier 3 in June 2014.

These recommendations included:

  • Pass and enact legislation prohibiting and punishing all forms of trafficking in persons;
  • clearly distinguish between human trafficking, human smuggling and the presence of undocumented migrants in legislation, policies, and programs;
  • develop and implement systematic procedures for government officials to proactively identify victims of trafficking among vulnerable groups, such as undocumented migrants and females in prostitution;
  • ensure that trafficking victims are not penalized for acts committed as a result of being trafficked;
  • increase efforts to investigate and prosecute suspected trafficking offenses respecting due process;
  • work to ensure that identified victims of trafficking are provided access to victim services;
  • enforce prohibitions of passport retention by employers;
  • raise public awareness of human trafficking through media campaigns;
  • provide translators to police and other law enforcement authorities to ensure foreign workers are able to participate in investigations and prosecutions against their alleged traffickers;
  • improve inter-ministerial coordination on human trafficking issues;
  • ensure that changes to labor migration policies for the purpose of reducing human trafficking do not restrict legal migration;
  • take steps to ensure that employers and labor brokers do not abuse labor recruitment or sponsorship processes in order to subject migrant workers to forced labor;
  • accede to the 2000 UN TIP Protocol.
Likes(0)Dislikes(0)

MDP Youth Wing President sues police for “unlawful” confiscation of mobile

The Youth Wing President of the Maldivian Democratic Party (MDP), Aminath Shauna, is suing the Maldives Police Service (MPS) for the “unlawful” confiscation of her cell phone, reports local media.

Her mobile phone was confiscated following her arrest during a July 2012 MDP protest. As her phone was held against a court order, according to Shauna, she is seeking a Civil Court ruling that declares the police action was illegal.

“I was arrested on allegations that I obstructed police duty. After arresting me around 6pm, the [Criminal] court order to confiscate my phone was sought around 10pm,” Shauna told local media. “The court order’s date was stated as July 7, but I was arrested on July 13.”

MPS attempted to return her mobile after she filed the Civil Court case, however Shauna refused to accept the phone until the court issues its verdict.

“I said I will accept the phone only after the court makes a decision on the matter,” Shauna said.

“Moreover, only through the trial I came to know that the police are trying to place terrorism charges against me. But I was arrested on charges of obstruction of police duty,” she added.

Likes(0)Dislikes(0)

President appoints Judicial Adminstration Spokesperson as his JSC representative

President Dr Mohamed Waheed has appointed Judicial Administration Spokesperson Latheefa Gasim as his representative on the Judicial Service Commission (JSC).

A statement from the President’s Office said Waheed presented the letter of appointment to Latheefa Gasim this afternoon, after she took an oath of JSC membership administered by Supreme Court Justice Abdulla Areef.

Waheed’s previous representative, Mohamed ‘Reynis’ Saleem was removed from his post last week following a police investigation into his alleged use of gangs for the purposes of extortion.

The lower courts threw out a police request for a warrant to arrest Saleem, a decision which was upheld by the High Court on appeal.

The JSC is the watchdog body charged with overseeing the professional and ethical conduct of the judiciary, and has faced sharp criticism both locally and internationally over its lack of independence and politicisation.

Likes(1)Dislikes(0)

Maldives failing to uphold international human rights obligations: Forum Asia

The Maldives has failed to uphold its obligations to core international human rights treaties related to freedom of expression, assembly and association, the regional NGO Forum Asia has concluded.

The Asian Forum for Human Rights and Development (Forum Asia) – a regional human rights NGO with 47 member organisations from 16 Asian countries – evaluated the promotion and protection of these core human rights in the Maldives in regard to September’s presidential elections during their recent mission to the Maldives.

Forum Asia noted the “shortcomings in the laws relating to freedom of assembly”, particularly relating to the “shrinking space” for the exercise of the right to assemble as well as the right of all workers to associate and assemble, during their press conference held Saturday (June 22).

Reports of security forces engaging in excessive use of force to prevent and disburse assemblies, also “concerned” the Forum Asia mission.

Security personnel were urged to exercise restraint and refrain from using excessive force, irritants, or dyes on assemblies, while the Police Integrity Commission (PIC) has been asked to closely monitor and prevent such situations, said Forum Asia.

“We hope that the PIC and the security forces will work together to ensure they are able to resort to reasonable and internationally accepted means while engaging with assemblies,” said Forum Asia’s South Asian Programme Officer Gayatri Khandhadai. “Similarly we hope that all protesters also resort to peaceful and democratic means while exercising their right to assembly.”

“We are particularly also worried about the restrictions placed on journalists covering these protests,” she added.

Khandhadai highlighted that it is unrealistic for journalists to seek accreditation for different types of events – protests, cultural events, etc – given the time and energy involved in the registration process.

“Media is the platform that brings information to the people, so media must have free access. we have requested to amend the laws on the basis of practicality because Maldives also belongs to the civilized world of the 21st century,” said Forum Asia Chairperson Subodh Raj Pyakurel.

“It may be legal to put some kind of regulation and restriction process etc, but this is not legitimate, because one journalist can go anywhere, anywhere, informally,” he noted.

Forum Asia also identified “difficulties faced by the various associations”, including NGOs, professional associations, trade unions, community based organisations, and political parties, in the Maldives attributed to “unclear regulations, especially relating to registration.”

Human rights perspective needed

The limitations codified in the ‘Freedom of Peaceful Assembly Act’ “must be amended to meet constitutional guarantees and international norms”, the organisation stated.

“There has to be a method – on paper and in practice – for what are the different peaceful engagements you have to have with the crowds,” said Khandhadai.

“These rights are particularly important to ensure ahead of elections” and to guarantee peaceful and inclusive elections occur, she added.

The Government of Maldives was also compelled to implement recommendations made by the Human Rights Commission of the Maldives (HRCM) and PIC.

Additionally, political parties were requested to “adopt a human rights perspective and formally include the promotion of human rights in their official agendas and manifestos prior to elections”.

The Forum Asia mission also “implored the Maldives’ government, judiciary, legislature, independent commissions and media to develop and strengthen their engagement with civil society organisations, which are essential for a healthy democracy”.

Meanwhile, civil society and human rights defenders within the Maldives were encouraged to unite in solidarity and engage with the state to promote a culture of human rights in the country, said Forum Asia.

Use of force disastrous

Having less than 10 percent of Male’ available for protests is “quite a worrisome issue”, said Khandhadai.

Unprovoked actions against demonstrators have been seen in the Maldives and it is necessary to identify whether that use of force could have been avoided or not, as well as whether the crowd was posing a threat, noted Khandhadai.

“The points to be taken into consideration are what would have happened if that force was not used,” she explained. “If any other means could have been put in place to disperse that crowd, or even if that crowd needed to be disbursed to start with.”

“I’m particularly worried about the sanction of the use of irritants in a space like Male, which is particularly small… and shrinks the already small area where people can protest,” she continued.

Sanctioned or encouraged use of force within that small space “will become very, very difficult and disastrous even,” Khandhadai added. “The only solution is to promote a culture of peaceful engagement.”

Pyakurel echoed these sentiments and emphasised that holding democratic elections means maximising public mobilization.

“During the elections we always expect that each and every citizen has the opp to interact and understand,” he noted.

“People [protesting] become destructive only when they are restricted, if you don’t restrict them they don’t become destructive,” he continued.

“Discipline is a must but it should be regulated through a very concrete and specific law, not the will of the [police] officer – that creates a problem,” he added.

Likes(1)Dislikes(0)

Maldives facing widespread child prostitution, sexual abuse: clinical psychologist

Additional reporting by Ahmed Naish

Child prostitution in Laamu Atoll has become so “common” the underage victims of such crimes consider it “normal”, a private clinical psychologist has revealed to Minivan News.

The practice, believed by multiple sources interviewed by Minivan News to be prevalent across the Maldives, ranges from male benefactors grooming children with ‘gifts’ to parents actively selling the sexual services of their children – some as young as 12.

Acknowledgement of “systemic” child sexual abuse in the Maldives, particularly prostitution, remains highly taboo, with few government institutions willing to confront the problem.

Minister of Gender, Family and Human Rights Azima Shukoor made the first official acknowledgement of the practice in a statement to mark Children’s Day on May 10.

“The abuse of children is on the rise. Children being used as sex workers, where the children are sent to places as a means to pleasure people and to gain an income from such a trade. This is being practiced in the Maldives today. Both boys and girls are being used in this trade,” she stated.

Consultant Clinical Psychologist Maldives Institute for Psychological Services, Training & Research (MIPSTAR), Dr Aishath Ali Naaz, conducts psychological profiling of sexual abuse victims, as well as preventative awareness workshops, and recently completed a study focusing on Laamu Atoll.

She explained that child prostitution has become so common among minors that it is considered a normal activity, with victims even boasting about their sexual exploits at school.

“When many people do something it’s not [considered] wrong anymore. In some atolls I’ve seen this, especially in Laamu Atoll. It’s not accepted by the whole population but [it is] among the young people,” she told Minivan News.

“The children say in class ‘So you do it, you do it too, and so on, so what’s the big deal?’” Dr Naaz explained. “Some children have accepted this as something normal and as a way of life.”

Child prostitution is considered a type of sexual abuse because victims are minors under 18 years-old.

“It’s not just incest, which is happening, because in my practice I have come across cases of close relatives [who] have pushed children into prostitution,” Dr Naaz said. “Children as young as 12 or 13 years-old have been forced to partake in sexual activities,” explained Dr Naaz.

“This is sexual abuse, but people are not aware that there is sometimes monetary gain for somebody,” she added.

“Child prostitution is happening in a very subtle way. Most of the time there is an adult who is pushing the child; it may be a parent or a relative who is pimping the child,” said Dr Naaz.

Hidden in plain sight

Two cases of child prostitution in Laamu Atoll have been reported to police so far in 2012, a police source familiar with the incidents told Minivan News, on condition of anonymity.

The cases were “isolated, very difficult to [investigate]”, and there did not appear to be gang involvement or organised child prostitution ‘rings’, the source explained. The victims of child prostitution in the atoll were “typically 16 or 17 years-old”.

An island council official in Laamu Atoll told Minivan News child prostitution was resorted to by the “poorest of the poor” as a means to earn money to “fulfill basic needs of living.”

Child sexual abuse and incest occurring within some families has led to the practice being passed down through multiple generations, a civil society source researching the matter explained to Minivan News.

This history of sexual abuse has been exacerbated by overcrowding in homes following relocations after the 2004 tsunami, which in combination with severe economic hardship has led to the exploitation of children via prostitution.

During a visit to Laamu Atoll, Minivan News spoke to 51 year-old former atoll chief Abdul Wahhab Abdulla about the practice in the atoll.

Wahhab served as island chief of Gan for 25 years, atoll chief from 2008 to 2010, and was director general at the national administrative office of the South Central Province from 2011 to March 2012. He was subsequently demoted to island council director after March 2012.

Reported cases of child prostitution in the atoll were “very rare”, Wahhab said, “perhaps one case a year.”

There have been cases of middle aged or elderly men providing financial support to young girls for basic necessities “and then taking advantage of the position [of benefactor],” he explained.

“It is less child prostitution than sexual abuse,” he  continued. “I think it started after the tsunami after affected people from Mundhoo and Kalaidhoo [islands] migrated here.”

There were about four such cases of sexual abuse reported a year, he said.

In the past, Wahhab explained, island communities were smaller and people knew each other very well, making it difficult to hide crimes such as prostitution.

Reported cases typically involved low income families “with four or five children”, he said, with adolescent girls aged 16-17 often targeted.

“The children have basic needs that are not being fulfilled, so the elderly man will first gain the child’s trust with small gifts,” he explained.

“At that point he becomes her benefactor. Then he gets closer and tries to take advantage of the girl. And the girl does not have the capacity or courage to resist,” he said.

The gender department and police child and family protection services had attended to reported cases promptly, he added.

Atoll sex behaviour survey suppressed

In 2010, the gender department conducted a biological behaviour survey in Laamu Atoll focusing on child sexual abuse, homosexuality and drug use, explained the former atoll chief.

The results of the survey – which were never made public – suggested that the incidence of child abuse and homosexuality were much higher than previously expected, according to Wahhab.

The survey did not distinguish that child prostitution was occurring in Laamu Atoll at the time, he added.

Systemic exploitation nationwide

While children prostitution is more pronounced in some atolls than others, it is “a systemic problem” across the country and remains “a very, very hidden activity,” Dr Naaz explained.

The almost 10,000 participants of her sexual abuse and violence prevention workshops over the past two years had expressed particular concern that child sexual abuse, including child prostitution – is “a common problem”.

Communities from the far north to the south of the Maldives – including Male’, Haa Dhaal, Raa, Lhaviyani, and Addu Atolls – have also been affected, she said.

“People quite frequently talk about child sexual abuse, but we are not comfortable facing the finer details of this reality,” said Dr Naaz.

It was a misconception to think that Maldivians were not involved in the child sex trade, as it was “hidden and difficult to capture,” she said.

“There are people who are using young Maldivian girls in this trade, but it may not be happening at a guest house,” she explained.

Instead, this sexual exploitation occurs “more on [the victim’s] own familiar ground, in rooms and houses”, making it difficult for the authorities to identify cases, collect evidence and intervene.

The involvement of young boys in child prostitution “cannot be ruled out”, however the practice “may be even more hidden”, she added.

Children are being forced to cater to both Maldivians and expatriate workers, she said, however the rates varied with Maldivians paying upwards of MVR 700 (US$45.60) while foreigners such as Bangladeshi labourers paid MVR 150 (US$9.77) “for sexual everything”, explained Dr Naaz.

“These girls have described that the people who pay for sex with them are often very young – 21 to 25 years-old – but sometimes include elderly people,” she continued, noting that the practice had increased in the past decade.

Sophisticated industry in Male’

In the capital Male’, child prostitution has reached a “sophisticated level” and encompasses different types of sexual abuse, explained Dr Naaz, with an even split between families pimping out their children for economic gain versus gangs facilitating the trade for girls suffering from substance abuse problems.

Rather than being gang-led phenomenon, families struggling to make ends meet and economic hardship had led to the rise of a generally ad hoc child sex industry.

“There are instances where family members may hire a room for rent, keep the children in there, and then use them to generate money through sexual activity so they can support their stay in Male’,” explained Dr Naaz.

“Many times the parent, uncle or sibling may be involved in drug abuse and in order to get money they introduce the children to the trade,” said Dr Naaz. “On the other hand, you have people deliberately using and recruiting young girls into this and involving them in sex.”

“Sometimes – and I don’t want to put the on blame them, because it’s not every gang – there are youth groups who may keep a few girls whom they pimp.”

She also highlighted instances of mentally disabled children being abused for sexual activities by adults.

“They’re vulnerable so they’re not able to protect themselves,” she said.

Other cases were said to involve groups of women renting rooms in Male’ and “recruiting vulnerable young people who may not have their parents [in the city],” she explained. In some cases,  young girls with intellectual impairments “are taken in by these groups of women.”

She identified a “gradual process” of minors being “groomed” by adults via the internet and/or social media, with children taken to known “spots” and introduced to those involved in the sex trade.

In other instances, the minors are pushed to provide nude photos, and then emotionally blackmailed with threats that the pictures will be posted on the web, and ultimately recruited into prostitution.

“In Male’, there have [also] been instances where a parent gets angry and tells the child to get out on the street, with the child picked up by somebody [because they are] in a helpless state,” said Dr Naaz. “Then they are taken to a guest house and used for prostitution, group sex and things like that.”

A school health counselor in Male’, who claimed to have encountered numerous cases of child prostitution, said poverty was one of the root causes of the abuse in Male.

“Mostly cases involve single parents – mums and dads – who come from the islands and try to survive in Male’,” said the counselor. “Cases where the mom lives in a guest house and facilitates prostitution for the whole family are common in Male’.”

In one specific instance, a student in Grade 7 (aged 12-13) and her sister were earning money from prostitution and giving the earnings to the family, with the parent’s knowledge, the source said.

“Children are [also] trafficked to the islands from Male’. The gender ministry cannot do anything regarding the kids because this happens at the family level and at the school level. They have no authority to say anything and are neglecting the issue,” the source alleged.

A civil society source currently investigating the practice told Minivan News that underage girls were being “groomed” by “benefactors” in Male’ and then sexually abused by the same men, which included both Maldivians and foreign nationals. The source said it is common to see teenage or adolescent girls with older men who were trying to buy sexual favors at particular shops in Male’ at the beginning of the month, around payday.

After being lured into prostitution, the children were then taken by some men to neighboring countries to engage in sexual acts, added the source.

Generations of damage

Some of the children exploited by the sex trade seek help, but the condition they are in is “very very sad”, lamented Dr Naaz. “It’s unbelievable for the Maldives.”

“Sometimes they are psychotic, mentally retarded, and they are the victims of rape, gang rape, group sex… and the child feels ‘I have no choice but to be there’ because their intellectual capacity is not [developed enough] to address that. They don’t have the skills [to get out of the situation],” she explained.

Some children also showed symptoms of sexually transmitted diseases and were being advised to seek testing and treatment, she added.

A comprehensive study is needed to determine exactly how many children are affected by this type of sexual abuse, emphasised Dr Naaz.

“I don’t think we would be different from most other societies, but the exact percentage we should determine from good research that determines the root causes,” she said.

While the exact root causes behind child prostitution – and other forms of sexual abuse – in the Maldives still need to be determined, there are some factors in addition to economic hardship that may be contributing to the practice.

“Many times Maldivians are living in very crowded environments in households where they are exposed to adult sexual activities and children learn, children get to know,” Dr Naaz speculated. “So the environment in which we are living could be one factor.”

Furthermore, “in the Maldives girls start having boyfriends at a very young age, grade 5 or 6, which is quite early. It seems more like people are indulging in sexual activities at a very young age,” she explained. “Sometimes these boyfriends may be on drugs and these boys may also be recruiting the girls into sexual activities. Young girls need to be very careful so they don’t get pushed into this.”

Children’s rights violated

Children are not aware of their rights and are not being taught or given opportunities to develop the proper social skills to protect themselves from attempted sexual abuse, including child prostitution, multiple sources emphasised to Minivan News.

“Young people should know their body is theirs and that nobody has a right to violate it. No one – no one – can violate it and there are other ways to earn money,” said Dr Naaz.

“We have to tell young people it’s not alright if your aunt [or anyone] says ‘go to that room with this boy’. Children need to be taught that this is wrong, that these are their rights that are being violated,” she emphasised. “Sometimes children don’t know this, or that they have the right to report [abuse].”

“Parents have a huge role to play, we have to monitor where our children are going. If they’re missing for long hours, we need to know where they are, and whether someone is abusing the freedom their parents have given them,” she continued.

“The child is a minor, so they may not be able to say no if they get pushed into this,” she added.

A ‘Happy Star’ program, created by Dr Naaz, details how parents can communicate to their children – in a language appropriate to children – to improve awareness about the dangers of being lured or forced into child prostitution.

She emphasised that relevant programs must be developed to protect children and teach them about their rights.

“There is a general erosion of values. People don’t seem to know where to set their limits or draw the line. We need to get back to our old values,” she said.

“When a young boy is going to school saying ‘I can’t even say my mum is not doing it, my mum is sleeping with my friend’, that reflects an erosion of values,” she said.

The civil society source investigating the practice of prostitution among young people emphasised that parents and children are “not prepared to deal with these things”.

In addition to no effective sexual education taking place, “There is also no social education occurring and when children get older they rebel because they are not given the chance to be children – instead they are forced to take tuition from age four instead of having play time,” said the source.

“There are parents trying to bring up good kids, but the victims drag other children into their bad behavior,” the source continued.

“We are neglecting the issue, making it worse because no one is dealing with these things. Hiding the issue encourages the practice to continue,” the source declared.

“This has to come out and we have to think ‘out of the box’ to stop the root causes – not just do the same things over and over,” the source added.

Authorities, government uncooperative

The Maldives Police Service had not responded to an emailed series of questions at time of press.

Meanwhile, despite stating earlier this year that the abuse and neglect of children had reached “alarming levels“, the Gender Ministry failed to respond to multiple enquiries from Minivan News regarding child prostitution over the course of this investigation.

Further interviews arranged with relevant authorities in Laamu Atoll were curtailed by the Ministry in Male, with Minivan News ordered to submit a formal letter of enquiry to the office in Male’ requesting authorisation for its staff to speak.

Minivan News submitted such a letter to the Ministry on June 16 seeking “all relevant information regarding the occurrence of child prostitution” in Laamu Atoll and nationwide, as well as a copy of the Laamu Atoll survey conducted in 2010. At time of press, the Ministry had made no response.

Minivan News also contacted Minister of Gender, Family, and Human Rights Azima Shukoor, who did not respond to calls or text messages.

State Minister Dr Aishath Rameela was also not responding to calls at time of press. Minivan News attended her office to set up an appointment directly on Wednesday (June 19), but was informed by Dr Rameela’s secretary that she was unavailable for interview because she was “very busy”.

Victims or suspected victims of sexual abuse, including child prostitution, in Laamu Atoll, can reach the Hadhdhunmathi Family and Children Service Centre on Fonadhoo Island via 771-1721 ,or by calling the Maldives Police Services at 119.

Additionally, a 24 hour toll-free Maldives Child Helpline is available on 1412.

Likes(4)Dislikes(0)

UN translates Special Rapporteur’s report on judiciary into Dhivehi

The UN has released an unofficial Dhivehi translation of Special Rapporteur Gabriela Knaul’s extensive report on the state of the Maldivian judiciary.

In her report, Knaul 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.

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.

Read the translation (Dhivehi)

Read the original report (English)

Likes(1)Dislikes(0)

Female resort worker dies after being hit by dive boat propeller

A 27 year-old female resort worker died yesterday after she was hit by the propeller of a diving boat near the island of Hinmafushi.

Police said Aishath Safa, who worked as a telephone operator at the Four Seasons Kudu Huraa resort 20 minutes from Male’, was hit by the propeller while on a diving excursion after the boat pulled over to pick up another person in the water.

Four Seasons Kuda Huraa issued a statement confirming the incident, and noting that the police investigation was ongoing.

“The Senior Management of the resort extends it deepest sympathies and has offered its fullest support and assistance to the family of Ms Aishath Safa,” the statement read.

The resort stated that Safa was a certified Open Water diver and had joined the afternoon dive session on her day off from work.

During a rally last night former President Mohamed Nasheed expressed sorrow over Safa’s death and praised her contribution to campaigning for the Maldivian Democratic Party (MDP).

“Safa was a young woman who worked in numerous ways for the MDP and reform in the Maldives. May God grant her Paradise and give patience to her family,” Nasheed tweeted.

The incident is the fourth serious accident involving a boat propeller this year, and the second fatality.

On June 1, a German woman on honeymoon at Reethi Beach Resort suffered serious leg injuries after she was hit by the propeller of a dive boat.

A 51 year-old Italian woman died on January 31 while snorkeling near Elaa Island in Thaa Atoll, suffering major head injuries after she was hit by a boat propeller.

An 18 year-old Maldivian man was also seriously injured trying to disentangle a fishing line from a dhoni propeller on April 23.

Nauf Ibrahim was hit in the head by the propeller and suffered serious injuries including a skull fracture and internal bleeding. He was taken to Laamu Atoll regional hospital and later transfer to Indira Gandhi Memorial Hospital (IGMH) by Maldives National Defence Force (MNDF) helicopter.

Likes(0)Dislikes(0)

GMR compensation claim of US$1.4 billion eclipses annual state budget

Indian infrastructure giant GMR has filed a claim for US$1.4 billion in compensation from the Maldives, following the government’s sudden termination of its concession agreement to manage and upgrade Ibrahim Nasir International Airport (INIA).

According to Indian media, the 75 page claim for “wrongful termination” of the concession agreement includes payments to subcontractors and loss of profits over the lifespan of the 25 year agreement.

Both the government and the state-owned Maldives Airports Company Limited (MACL) will be invited to respond, with a final court order in the case expected in March 2014.

In separate Singapore-based arbitration proceedings one of the project’s lenders, Axis Bank, is also seeking payment of US$160 million for a loan guaranteed by the Maldivian Finance Ministry.

Axis Bank recently raised concerns with MACL and the government, after President Mohamed Waheed moved to create a state-owned airport company and transfer to it MACL’s management responsibilities.

The prospect of MACL’s assets being dissipated led Airports Council International (ACI), the global body representing the world’s airports, to advise its members to exercise caution before making any investment in the Maldives relating to INIA, warning of “legal and financial risks”.

The government subsequently dropped the attempt, after its Attorney General Aishath Bisham warned that President Waheed had exceeded his authority in appointing board members to the new entity.

The lead up to eviction

GMR, in consortium with Malaysia Airports, narrowly won the International Finance Corporation (IFC)-managed bid for the airport in 2010, and signed the agreement with MACL under the former government of Mohamed Nasheed

The then-opposition, including the Progressive Party of the Maldives (PPM), People’s Alliance (PA), Dhivehi Qaumee Party (DQP) and Adhaalath Party (AP), opposed the agreement primarily on nationalistic grounds, and alleged corruption in the bidding process.

Other concerns raised by the opposition at the time included the prospect of GMR allowing Israeli military aircraft to stop over in the Maldives and refuel “after bombing Arab countries”.

The DQP then filed a civil court case, managing to block the developer’s charging of an Airport Development Charge (ADC) stipulated in the concession agreement, on the grounds it was a tax and therefore required parliamentary approval.

Backing the concession agreement, the Nasheed government permitted the airport developer to deduct the ADC from its share of the revenue as a stopgap measure, while it sought to appeal.

However shortly afterwards the Nasheed government was deposed during February 7 2012’s controversial transfer of power, and the opposition parties assumed control of the government – and the prospect of paying GMR for the development of the airport.

The government received US$525,355 from the airport for the first quarter of 2012, compared to the US$8.7 million it was expecting, at time it was facing a crippling budget deficit, a foreign currency shortage, plummeting investor confidence, spiraling expenditure, and a drop off in foreign aid.

In the second quarter GMR presented MACL with a bill for US$1.5 million, and in the third quarter, US$2.2 million.

“The net result of this is that the Maldivian government now has to pay GMR for running the airport,” wrote DQP Leader and newly-appointed Special Advisor to President Mohamed Waheed, Dr Hassan Saeed, in a self-described “candid” letter to Indian Prime Minister Manmohan Singh.

A subsequent report by the government’s own Auditor General (AG) found concession revenue due the government had plummeted fourfold as a result of the court verdict sought by Saeed’s own party while it was in opposition.

According to the report, net concession revenue to the government had fallen to just US$6,058,848 in 2012, compared to US$25,424,877 in 2011.

Rather than appeal the Civil Court verdict obstructing the ADC, “The new government took the view that it would not be proper for it to intervene in the legal process for the benefit of a private concern,” the report noted, and instead, on April 19 2012, the informed the developer it was “retracting the previous agreement [to offset the ADC] on the grounds that the then Chairman of MACL did not have the approval of the MACL board to make the agreement.”

GMR asserted that this decision was a political event as defined within its concession agreement, and warned that this would amount to a breach of the agreement by the government.

“The government did not accept this argument,” noted the AG.

Seeking a way out of the agreement but wary of the heavy penalties in the termination clause, the government accused the World Bank’s IFC of “irresponsibility” and “negligence” in its conduct of the bidding process.

“The government must also consider how much money has to be paid back as compensation if terminating the agreement,” said Attorney General at the time, Azima Shukoor, during a prescient press conference in September 2012.

“It is clear to all of you that the Maldives financial and economic situation is at a critical level, and in this situation [termination] is not an easy thing to do,” Shukoor said.

In August 2012, with the new terminal and refurbishment 25 percent complete according to the government’s outside engineering assessment, the government ordered a halt to construction pending new ‘regulatory approvals’, and demanded a second runway not included in the original agreement.

GMR agreed to construct an emergency runway and proposed exempting Maldivian nationals from paying the ADC as a compromise. The company received no response to the offer.

Dr Hassan Saeed meanwhile issued a pamphlet calling for the cancellation of the agreement, likening it to “taking bitter medicine to cure a disease” or “amputating an organ to stop the spread of cancer.”

In his letter to Indian Prime Minister Manmohan Singh, dated September 19 2012 and obtained by Minivan News, Saeed further claimed that “GMR and India ‘bashing’ is becoming popular politics”, and warned that “as a result, “the Maldives is becoming fertile ground for nationalistic and extremist politicians.”

“I want to warn you now that there is a real danger that the current situation could create the opportunity for these extremist politicians to be elected to prominent positions, including the Presidency and Parliament on an anti-GMR and anti-India platform,” Saeed informed Singh.

Saeed went on to accuse GMR of extensive bribery, including the payment of “millions of dollars to buy MPs to get a parliamentary majority for the then ruling Maldivian Democratic Party”.

He claimed that “politicians and MPs who end up in GMR’s pocket keep silent but no one – with the exception of former President Nasheed and his key associates – have defended the indefensible GMR deal in public.”

Eviction

In late 2012 the government declared the concession agreement ‘void ab initio’ (invalid from the outset), and gave GMR seven days’ notice to leave the country.

The move swiftly followed the Singapore Supreme Court’s lifting of an injunction blocking MACL from taking over the airport pending arbitration proceedings, on the grounds the arbitration court had no jurisdiction to prevent the Maldives as a sovereign state from expropriating the airport.

The full verdict however did not exempt the government from compensation for this maneuver. In fact, according to the verdict document, Financial Controller for the Ministry of Finance Mohamed Ahmed “affirmed in an affidavit that the Maldives government would honour any valid and legitimate claim against it. He also stressed that the Maldives government had never defaulted on any of its payments.”

Moreover, lawyer representing MACL, Christopher Anand Daniel, “also accepted that if the arbitration tribunal found that the Appellants were wrong in their asserted case that the Concession Agreement was void ab initio and/or had been frustrated, but the Appellants had by then already gone ahead with the taking over of the airport, they would at least be liable to compensate the respondent for having expropriated the airport” (emphasis retained).

ACC exonerates airport deal

The Auditor General’s report acknowledged allegations of corruption in the deal, but finding the evidence “not conclusive on this point”, deferred to the judgement of the Anti-Corruption Commission (ACC).

That arrived on June 17, 2013, in the form of a 61 page investigative report that concluded that the bidding process was conducted fairly by the IFC, and that the GMR-MAHB consortium won the contract by proposing the highest net present value of the concession fee.

The ACC further concluded that the awarding of the contract did not contravene amendments brought to the Public Finance Act requiring parliamentary approval for such agreements.

Furthermore,  “Considering the situation (2008, 2009 and 2010) when the decision was made to privatise the Male’ International Airport,” the ACC’s calculations showed that MACL would make a profit of about US$254 million in 25 years if the airport was operated by the government-owned company.

Conversely, the government would receive about US$534 million in the same period from the GMR consortium if the airport was privatised, the ACC found.

Reactions

Following publication of the ACC’s report, the government has backed away from allegations of corruption and instead declared to evict the developer was made due to its impact on state finances.

“Back before the government took back control of the airport from GMR, the reason we gave was that the deal was bleeding the country’s economy. We were paying GMR to keep them here,” President’s Office Spokesperson Masood Imad told Minivan News last week.

Azima Shukoor meanwhile labelled ACC’s report “incomplete” and “lacking professionalism”, in an interview with local media.

“There’s no contradiction between the government’s decision and the ACC report. We never levelled any corruption charge in terminating the agreement,” said the former Attorney General, in an interview with local media.

“Did [the ACC] omit the factors deliberately or unknowingly or simply just overlooked them? But a lot of factors have been overlooked and omitted from the report. The state will suffer great losses because of it. Especially when the country is tied up in [arbitration proceedings],” Shukoor was reported as saying.

“The state did a thorough investigation of the contract, including what happened during and after the signing of the agreement. So the government’s legal position doesn’t and shouldn’t change due to the report. We made a very firm decision,” she said.

Speaking at a campaign rally on the island of Thimarafushi in Thaa Atoll, former President Nasheed observed that the figure sought by GMR as compensation amounted to more than the annual state budget of the Maldives.

“Even today in my view it is one of the most important duties of the People’s Majlis to renew the contract, find a way to hold discussions with the company over [renewal], and save the Maldives from the great misfortune our people are about to face,” he said.

Former President Maumoon Abdul Gayoom’s PPM have meanwhile laid the blame for the airport debacle on President Waheed, accusing him of “ignoring advice”.

“We told the next President Mr Waheed that he should hold discussions with the GMR Group and the Indian government to arrive at an acceptable solution, after which the government was free to act on its own,” he said. “Unfortunately, this was not done and suddenly there was this unhappy ending,” Gayoom was reported as saying in the Hindu, following a visit to India and a meeting with Prime Minister Singh.

Following the PPM’s apparent turnaround on the GMR issue, Parliamentary Group Leader of the Waheed-aligned Dhivehi Rayithunge Party, Dr Abdulla Mausoom, said it was in fact senior figures in the PPM who were among the most vocal supporters for terminating the GMR agreement.

“It is ironic that we are hearing these statements from the PPM, whose leader has been witnessed supporting rallies demanding the cancellation of the [GMR] agreement,” he said.

Likes(1)Dislikes(0)

Comment: Can the World Bank end gender-based violence?

This week, the World Bank South Asia Office gathered government officials, civil society, parliamentarians, academics and journalists from around the region  in Kathmandu to discuss the issue of violence against women. This is the first time in the bank’s 60 year history that it has joined the global cause to end gender-based violence.

Violence against women has been long recognised as a serious issue on the global development agenda. The United Nations (UN) General Assembly adopted the Declaration on the Elimination of Violence Against Women in 1993 and since then international community have unanimously agreed on gender-based violence as a serious human rights issue and public health priority.

However, despite the international spotlight and years of support from UN agencies to advance women’s rights, the number of women and girls killed, beaten or raped around the world remains astoundingly high.

South Asia world’s “most gender-insensitive region”

Opening the panel discussion on gender-based violence at the annual spring meeting in Washington last April, the World Bank Vice President for South Asia Isabel Guerrero said “we cannot keep silent” in the face of such “horrific acts”.

“We have to add our voices,” she emphatically noted.

She was referring to the gang rape of a 23 year-old in India and the shooting of 15 year-old Malala Yoosuf by extremists in Pakistan. Both incidents are a striking reminder of the pervasiveness of violence against women in the region.

According to a 2003 UNFPA report, South Asia is the world’s most “gender-insensitive” region with one in two woman found to be a victim of physical and sexual abuse in their homes. Other forms of violence are also rampant.

In India a woman is raped every 22 minutes, 22 women are killed each day in dowry related violence, and 50 million women are ‘missing’ due to sex selective abortions.

In Nepal, 7000 women and girls are trafficked for sex every year, while in Bangladesh every week more than 10 women are attacked with acid. In Pakistan more than 450 women and girls die every year in so-called ‘honour killings’ while in Sri Lanka, 78 percent of victims of grave sexual abuse are women and girls.

Because of these atrocious forms of violence, the South Asian women’s fundamental right to health and bodily integrity has been severely eroded. They live less, work less and even eat less.

According to an OXFAM 2004 report, gender based violence has severely limited women’s choices in practically all spheres of life and explains the uniformly poor gender-related development indices of South Asia in crucial sectors like health, nutrition, education, political participation, and employment.

Ending the pandemic levels of violence against women remains one of the key challenges in achieving development in the region which has more than 500 million people living in extreme poverty.

So can the World Bank’s entry into the fight to stop violence against women make a real difference?

The bank’s leverage

At the Kathmandu discussions, several participants asked the bank what it could do to stop violence against women.

Undoubtedly, the World Bank is one the most influential global players with the power and resources to prompt changes.

Tahseen Sayed, Nepal Country Manager for the World Bank, acknowledged the bank’s lack of presence on issues such as gender-based violence, and described the conference as an effort to show its determination to change this approach.

Sayed revealed that the bank would be “leveraging our role as one of the largest development partners with the countries we are working on, at the policy level”, in addition to advancing research to identify the economic and social costs of violence and expanding funding to related projects.

However, she stopped short of explaining how exactly the bank will use its leverage as a development partner.

“I cannot tell you how precisely we are going to do this,” Sayed pointed out.“But the fact that we have two of our vice presidents here, and managers here at the World Bank in this room, we will be taking this forward and see how best we can bring this into our discourse on the concrete areas we work on whether it is assistance to the countries, whether it is regional dialogue or global dialogue.”

This is a critical announcement as the World Bank, similar to the IMF, has the power to deny assistance to countries that do not meet its conditions or requirements.

Feryal Ali Gauhar, political economist and feminist writer from Pakistan believes that denying bank’s assistance to countries where the state is deliberately neglecting to protect the the most vulnerable groups can certainly be effective in creating change.

“When the bank is the agency to deny or grant a loan, it can use data provided by credible institutions, which would indicate whether the state is fulfilling its responsibility to end gender-based violence or protection of most marginalised and vulnerable groups in society.” Gauhar noted.

“If [the World Bank] can make decisions to extend or not extend loan on political issue, why cannot they exercise or exert that same kind of pressure for other loans they are extending?” she asked. “Certainly money would a ring a bell.”

Flogging in the Maldives

The Maldives, despite its admirable progress in the areas of education, health and reduction of poverty, still continues to be plagued with widespread physical and sexual abuse of women and children. One in three woman aged between 15-44 the victim of sexual or physical abuse.

There is little or no access to sexual and reproductive health education and as a result,, unsafe sex, early marriage, unwanted pregnancy, abortion and a lack of reproductive health rights are highly prevalent among young people. These realities are reflected in the gender indicators which show low female enrollment in the higher education system, double the rate of unemployment among females, and under-representation of women at a decision making level.

The World Bank recently granted US$10 million in aid to expand the higher education system in the Maldives. The decision came just weeks after Maldivian authorities were slammed for sentencing a 15 year-old rape victim to 100 lashes on charges of pre-marital sex under the country’s Sharia-based legal system..

Ninety percent of those flogged for fornication or adultery in the Maldives are women and underage girls. The United Nations and international human rights organisations have called for the Maldivian authorities to end this degrading form of punishment disproportionately meted to towards women and girls.

Other strict Sharia penalties such as capital punishment and amputation were suspended half a century ago.

But despite the calls from United Nations, human rights group such as Amnesty International and a global petition with over two million signatures, the Maldivian authorities have consistently shied away from changing their stance on imposing a moratorium on flogging. Much of this is due to their fear of voter backlash from rising conservative groups and their supporters in the country.

“It would be political suicide,” said a parliamentary member currently overseeing the revision of penal code, which includes flogging as a punishment. “We want to remove it as well. But, our hands are tied. Only public pressure can stop it.”

However, there is little visible support from the Maldivian public. In contrast, conservative groups are staging mass protests calling for flogging, beheading, stoning to death and amputation to be reinstated. The few who dare speak against these extremist views are slammed as “Laadheenee” (un-Islamic) and harassed online and on the streets.

So in this politically polarised climate, can a global player such as World Bank pull the plug on flogging in the Maldives by denying assistance to the country, unless it stops degrading and discriminatory practices such as flogging?

A civil society activist from Sri Lanka also highlights a recent case in which the world bank’s partner, International Monetary Fund (IMF) approved a US$2.6 billion loan to Sri Lanka despite the widespread accusations of human rights abuses committed during its civil war.

“There are several reports and evidence of women and girls being raped during the conflict. Several more civilians, including children have been killed” he noted. “But the IMF still approved the loan, against the calls from human rights organisations because Sri Lankan government has done little to investigate these abuses and protect the rights of Tamil minority”

So can the bank, and IMF use its leverage as a donor to push negligent governments into taking meaningful action to guarantee the rights of women and other vulnerable groups?

A South Asian diplomat is skeptical.

“Unless we can shift the society’s view at grass roots level, no sanction is strong enough to stop violence against women,” he said, on condition on anonymity.

“If Maldivian public doesn’t want to stop flogging, how can the World Bank stop it?”

Likes(0)Dislikes(0)