Tag: un human rights council

Domestic fears of “inadequate” child protection linger as Maldives co-sponsors 22 UN rights resolutions

The Maldives has backed global resolutions outlining commitments on child protection, the environment, freedom of assembly and wider civil rights during the recently concluded 24th session of the United Nations Human Rights Council (UNHRC).

However, one local NGO focused on the rights of children has questioned the Maldives domestic commitments to pursue legal reforms in areas such as the use of flogging and the treatment of victims of sexual abuse, expressing fears child protection commitments undertaken by successive governments still remain “inadequate”.

The same group has called for the state and parliament to press ahead with ratifying an optional UN optional protocol signed by Maldivian authorities last year said to pave the way for reforms of the treatment of sexual abuse victims in the country.  The optional protocol would allow for international intervention if all domestic legal avenues are exhausted, said the NGO.

The country’s treatment of victims of sexual offences has come under intense global scrutiny this year, with the High Court in August overturning a flogging sentence handed to a 15 year-old girl charged with ‘fornication’.

Campaigning for the case to be dropped received two million signatures globally as the minor – found guilty of having consensual sex – was later revealed to have been charged on the basis of information obtained during investigations that she had been sexually abused.

UNHRC concerns

Upon concluding the latest UNHRC session, the Foreign Ministry said the country has co-sponsored 22 resolutions and supported other focuses on civil and human rights, as well as “freedom of peaceful assembly” during the session, where it has served as Vice President representing the Asian Region of the Council for 2013.

“The Maldives actively engaged on resolutions, on issues related to gender equality and children’s rights, environment and water rights, technical assistance to member countries, and social, political, economic and civil rights, human rights situations in countries,” the ministry’s statement read.

According to the Foreign Ministry, the country also spoke on issues affecting Palestine, criticising what it called the systematic and gross violations by Israel towards the country’s citizens.

“Radical changes”

While the country was selected as a Vice President of the UNHRC for this year, the international rights body last year recommended authorities in the country enact “radical changes” to Maldivian law to ensure compliance with the International Covenant on Civil and Political Rights (ICCPR).

The requested changes – made after former Home Minister Dr Mohamed Jameel Ahmed and State Minister for Foreign Affairs Dunya Maumoon defended the country’s record at the UNHRC in July 2012 – relate to matters of  freedom of religion and belief, and reforming the country’s judiciary.

Earlier this year, the present government committed itself to review local laws and enact potential reforms of the use of flogging, although no time-line for enacting such amendments has been confirmed beyond the commitment to hold talks.

Local NGO Advocating the Rights of Children (ARC) told Minivan News that it had been invited among a number of other organisations to submit input at the time to a specially-formed presidential committee to review legal amendments.

“However, ARC does not sit on the committee which comprises of government ministries,” stated the NGO. “Therefore, the role of the NGOs is quite limited in this process and we are also not kept in the loop on the developments.”

ARC added that with authorities yet to share their report, the status of which remains unknown, it was not possible to comment on possible outcome of proposed reform efforts.

Minivan News was awaiting a response from the government committee’s secretariat at time of press concerning the present status of the government’s reforms.

Child protection

Earlier this year, ARC expressed concern that child protection measures currently in place in the country were “inadequate”, requiring provisions outlined in the Optional Protocol on the Convention on the Rights of the Child (CRC) to be adopted into law. The Maldives ratified the CRC in 1991.

Once ratified, the CRC optional protocol is said to allow an individual, group or representative of a child victim of abuse to submit complaints to the UN Committee on the Rights of the Child for legal assistance is domestic assistance is not forthcoming.

“The Optional Protocol should always be used as a last resort, and while the Maldives has signed it in early 2012, we believe it is extremely important to ratify this optional protocol at an early date, because one of its key goals is to encourage governments to create good options and solutions for children at the national level,” ARC told Minivan News this week.

“Most governments would prefer to not have a local issue go to an international committee for review, so we think it will undoubtedly encourage governments to create and improve existing services and support for children.”

The NGO claimed that after signing the convention on February 28, 2012, the Maldives was still yet to ratify it, with the government saying that a decision would be taken within the cabinet after a new president is signed in on November 11, 2013.

Gender Minister Dr Aamal Ali told Minivan News this week that she was “not able to [give] sufficient insight” into the status of the government’s reform efforts, adding that the optional protocol was set to be discussed in cabinet at a later date.

Correction:  An earlier version of this article incorrectly stated that the Maldives had ratified the Convention on the Rights of the Child (CRC) last year. The CRC has been ratified by the country in 1991. The error has now been corrected.

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DRP leader urges Foreign Minister to support UN recognition of Palestinian statehood

Opposition Dhivehi Rayyithunge Party (DRP) leader and MP for Kendhoo constituency Ahmed Thasmeen Ali has sent a letter to Foreign Minister Ahmed Naseem, urging him to support UN recognition of Palestine as a state at the UN.

Thasmeen asked the Minister to fully participate in all the discussions held at the UN concerning the issue, and to vote in favor of Palestine in all votes regarding the issue.

Ending the letter, Thasmeen urged Minister Naseem to seek the support of friendly countries, saying it was “what the citizens of the Maldives would want to see.”

Meanwhile, the Foreign Ministry has stated that the Maldives strongly supports UN recognition of Palestinian statehood, with Naseem advocating the position before the UN Human Rights Council following the announcement by Palestinian Authority President Mahmoud Abbas that he will apply to the UN Security Council for full UN membership.

“Let us be clear, the Palestinian people have, like everyone else, the right to self determination – the right to a state of their own. They have waited long enough for that most basic of rights. When the Palestinians present their case to the UN, the Maldives will stand shoulder-to-shoulder with them, and we call on all others to do likewise,’’ Naseem told the UN Human Rights Council.

Naseem has said the Maldives does not believe that UN recognition of Palestinian statehood will would narrow the chances of a negotiated peace.

‘’We believe that rather it will help those chances by creating a situation in which two state partners can negotiate as equals,” Naseem said. “We hope the US will maintain its historical support for the right of all peoples to self-determination and we believe that the recognition of Palestinian statehood will help secure a negotiated peace in the future.”

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UN war crimes report on Sri Lanka foreign policy challenge for Maldives

The Sri Lankan government is grappling with the political fallout of a leaked UN report accusing it – and the Liberation  Tigers of Tamil Eelam (LTTE) rebels – of potential crimes against humanity in the closing days of the civil war.

The report on the final stage of the war between LTTE and the Sri Lankan authorities was leaked to the media, containing allegations, among others, that the army shelled hospitals, UN facilities and aid workers with the International Committee of the Red Cross (ICRC). The report further alleges that the government intimidated and in some cases silenced the media, even abducting journalists in “white vans”.

Meanwhile, UK television network Channel 4 last week said it will air what it claims is “probably the most horrific” footage the station has ever shown, after obtaining “trophy” videos of what it claims are Sri Lankan war crimes.

According to the network, footage obtained by the station includes “extrajudicial executions filmed by Sri Lankan soldiers as war trophies on their phones; the aftermath of shelling in civilian camps and hospitals alleged to have been deliberately targeted by Sri Lankan government forces; dead female Tamil fighters who appear to have been systematically raped; and pictures which document Tamil fighters alive in the custody of Sri Lankan government forces and then later dead, apparently having been executed.”

The director of ITN productions, Callum Macrae, told the UK’s Guardian newspaper that the filmmakers had “trawled through hours of devastating imagery shot by Tamils under attack and Sri Lankan soldiers as war trophies. The claims made by eyewitnesses in the film appear to be illustrated in each case by video footage or still images.”

The Sri Lankan government has reportedly complained to the UK’s media regulator Ofcom regarding the station’s intention to air the footage.

Channel 4’s announcement comes a week after a UN report on the closing days of the war between the Tamil Tigers and the Sri Lankan authorities was leaked to the media, containing allegations, among others, that the army shelled hospitals, UN facilities and aid workers with the International Committee of the Red Cross (ICRC). The report further alleges that the government intimidated and in some cases silenced the media, even abducting journalists in “white vans”.

“The government says it pursued a ‘humanitarian rescue operation’ with a policy of ‘zero civilian casualties’. In stark contrast, the Panel found credible allegations, which if proven, indicate that a wide range of serious violations of international humanitarian law and international human rights law were committed both by the Government of Sri Lanka and the LTTE, some of which would amount to war crimes and crimes against humanity,” the report reads.

“Despite grave danger in the conflict zone, the LTTE refused civilians permission to leave, using them as hostages, at times even using their presence as a strategic human buffer between themselves and the advancing Sri Lanka Army. It implemented a policy of forced recruitment throughout the war, but in the final stages greatly intensified its recruitment of people of all ages, including children as young as fourteen. The LTTE forced civilians to dig trenches for its own defenses, thereby contributing to blurring the distinction between combatants and civilians and exposing civilians to additional harm. All of this was done in a quest to pursue a war that was clearly lost; many civilians were sacrificed on the altar of the LTTE cause and its efforts to preserve its senior leadership.

A former UN spokesperson for the UN in Sri Lanka was reported in the UK’s Independent newspaper as saying that the report “damns the government of Sri Lanka’s so-called war on terror, which incidentally killed many thousands of civilians. The Tamil Tigers were equally rotten in their disdain for life.”

Sri Lankan media has meanwhile been busily criticising the veracity of the report, the UN panel involved, and UN Secretary-General Ban Ki-moon himself.

Yesterday, Ki-moon announced that he would welcome a mandate from the UN Human Rights Council, Security Council or General Assembly to launch an international war crimes investigation into the final two years of Sri Lanka’s civil war, as per the recommendation of the UN report.

Such a mandate would require consent from the Sri Lankan government – unlikely, given that it has labelled the report as “fundamentally flawed and patently biased” – or through a decision by the UN’s 192 member states.

The US Embassy in Sri Lanka has also privately expressed concerns about the Sri Lankan government’s actions during the closing days of the war.

In a leaked US Embassy cable sent on January 15 2010, Ambassador Patricia Butenis remarked there was a clear “lack of attention to accountability” following the mass killings of Tamils in the final days of the war, a situation she described as “regrettable” but unsurprising.

“There are no examples we know of a regime undertaking wholesale investigations of its own troops or senior officials for war crimes while that regime or government remained in power,” Butenis said in the cable.

“In Sri Lanka this is further complicated by the fact that responsibility for many of the alleged crimes rests with the country’s senior civilian and military leadership, including President Rajapaksa and his brothers and [then] opposition candidate General Fonseka.”

The UN report and subsequent international furore likely to be generated in the wake of the Channel 4 program places the Maldives in a difficult position, between its stated (and much promoted) human rights agenda, and its national and economic interest.

Sri Lanka is one of the Maldives’ key economic and regional partners, and a major transit hub for both trade and tourists visiting the country. President Mahindra Rajapaksa extended the Maldives a US$200 million credit line in November, and even travelled to the Maldives to mediate a dispute between the ruling Maldivian Democratic Party and opposition Dhivehi Rayyithunge Party (DRP) in July last year. President Mohamed Nasheed subsequently attended Rajapaksa’s swearing in ceremony.

At the same time the Maldives is a vocal member of the UN Human Rights Council and an avid proponent of human rights, with the Foreign Ministry only recently declaring that it was severing diplomatic ties with the Libyan government due of “clear evidence that the Gaddafi regime is guilty of crimes against humanity and war crimes.”

It is not inconceivable that were the UN’s case to gather momentum and international public opinion, the matter could go to vote and the Maldives could be compelled to publicly defend its neighbour from the international community.

President Nasheed’s Press Secretary Mohamed Zuhair emphasised that the Maldives saw the end of both the terrorist attacks and the civil war in Sri Lanka as “a very positive development.”

“The government has very close ties with [Sri Lankan President] Rajapaksa,” Zuhair said. “Our position is that the Maldives has very good relations with neighbouring countries, and has hundreds if not thousands of years of trade and bilateral relationships with Sri Lanka.”

The post-war situation, he suggested, was “fluid”.

“I’m concerned the UN report is a bit belated. Why say it now? Why not when the war was going on? My point is that this report only appeared after the war was over. We support the Sri Lankan government’s desire for peace and harmony, and any government that brought about that peace should be held in high honour.”

If an investigation was to take place, Zuhair suggested, “it should happen in an independent manner, with reconciliation on both sides.”

The Maldives’ Foreign Minister Ahmed Naseem is currently in the UK and was not responding at time of press.

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