Cabinet accedes to New York Convention

It was decided yesterday in the Cabinet meeting that the Maldives should accede to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, also known as the New York Convention.

The New York Convention was adopted by the UN in 1958 which deals with international arbitration; a means of alternative dispute resolution in the areas of international trade and commercial transactions.

According to the Constitution, the Cabinet must send the matter to Parliament. The treaty will only come into force if and when it is approved by the People’s Majlis.

Cabinet members noted that the Convention would provide legislative standards for the recognition of arbitration agreements.

It was also suggested that accession to the Convention would create an “investor-friendly environment” in the Maldives.

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Gayoom concerned over “false information” on women’s rights

Former President of the Maldives Maumoon Abdul Gayoom has expressed concern at an increasing amount of  “false information” being spread by Islamic scholars in the country concerning women’s rights.

Quoting from the Qur’an to prove his point during a DRP special event yesterday held on the occasion of International Women’s Day, Gayoom said there was “no religious justification” for the inequality of women and that Islam “does not limit a woman’s equal rights in society.”

He further called on all women to join the Dhivehi Rayyithunge Party (DRP), saying “You will get equal rights and equal opportunity when you are in DRP. You can reach your destination and achieve your goals when you are in DRP.”

Mohamed Hussain ‘Mundhu’ Shareef, spokesman for the former president and DRP member, said Gayoom was “quite emotional” when speaking of women’s rights at the meeting.

Women’s rights in politics

Gayoom explained that everyone had worked very hard in his government to bring the country to its current position and to find a place for women in society, especially in politics.

Aneesa Ahmed, DRP member and co-founder of women’s rights NGO Hope for Women, said she agreed with Gayoom and added that under his rulership, the number of women in politics “was better than the current numbers in the political arena.”

Ahmed said she so far “haven’t seen improvements” for women’s rights in the country under the new presidency.

“I have heard of the gender policy but nothing is being done for it to be effective,” she said, noting that “it is still too early to talk about it.”

Ahmed said under Gayoom’s government four out of twenty-one cabinet members were women, while currently there was only one woman in the cabinet.

“I have heard a lot of rhetoric on gender equality but no action,” she said.

On 24 February, the Ministry of Foreign Affairs announced the government’s intention to withdraw the Maldives’ reservation to the UN Woman’s Rights Treaty on Article 7(a) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

Article 7(a) states that there must be political equality and equal rights for women, and includes running for public office.

Under the 1998 Constitution of the Maldives, women were banned from running for president, as it explicitly stated that the candidate must be a man.

Article 109 of the new Constitution of 2008 does not include any restrictions based on gender under “qualifications for election as President”.

The reservation was withdrawn because it was deemed contradictory to the new Constitution.

Change and improvement

The Judiciary’s website cites an alarming figure: not one rape case has been taken to criminal court in the last four years.

However numerous cases have been reported to the police and several arrests made during this period of time.

Minivan News alone has reported at least nine abuse cases against women and girls since January 2009, most of them involving multiple perpetrators and/or victims. Most of the victims are under the age of 18.

The fact that none of these cases have made it to court could potentially make many women afraid to report such cases to the authorities.

The Ministry of Health and Family held a panel today including members of the Ministry of Health and the Department of Gender, the Ministry of Islamic Affairs and the Prosecutor General’s office, among others.

Deputy Minister of Health and Family Mariya Ali said it was a “varied” panel offering an “alternative dialogue” to find solutions to issues on women’s rights, such as the prosecution of rape cases.

Ali said the ministry, working with the Prosecutor General, is “following up a lot of abuse cases that were put on hold.”

When asked about Gayoom’s statement on the misuse of Islam to spread inequality for women in society, she said “some of the things [the Islamic scholars] are saying can be misinterpreted by the public” but confirmed that the Ministry of Health is “working closely with the Islamic Ministry” to deal with these issues.

International Women’s Day celebrations and events

International Women’s Day was celebrated around the world on 8 March. This year marks the 99th anniversary of the first Women’s Day celebrated in 1911.

The celebrations, which mark the economic, political and social achievements of women, took many different forms around the world.

There were rallies to stop violence against women in the Middle East; a silent protest in Taipei; a protest of thousands in Iran; a breakfast in Iraq; a rally of hundreds in Bangladesh; a discussion panel in China; and education bus tour in South Africa; a march for equality in Brazil and thousands of other events around the world, all commemorating the rights of women.

The Ministry of Health and Family will be celebrating this year’s Woman’s Day this week, with the theme of “Equal rights, equal opportunities: progress for all.”

Most of the public events being organised by the ministry and Department of Gender will be held over the weekend, including a children’s evening and stage show at Villingili stage area on 12 March.

There will also be a Friday sermon based on the theme of the celebrations.

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The Maldives will run for the UN Human Rights Council: Shaheed

Minister of Foreign Affairs Dr Ahmed Shaheed, has lauded the progress of the Maldives towards human rights, in front of an audience of world leaders at the 13th session of the United Nations Human Rights Council in Geneva.

Speaking to the UN Council on 1 March, Dr Shaheed said although the situation of human rights in the country was moving in the right direction, it is “still very much a work in progress.”

Dr Shaheed added that the Council had played a very important part in the transformation of the Maldives, and this change could not have been possible without the “strong, mutually respectful and cooperative relationship with the Human Rights Council.”

In 2006, the first year the Human Rights Council met in Geneva, the Maldives was under constant criticism from international human rights NGOs.

“I have frequently addressed the Council since 2006,” said Shaheed, adding that, since then, the human rights situation in the country has become “unrecognisable” as so much progress has been made.

Dr Shaheed said it is “self-evident that much had been achieved” since 2006, thanks to the work the Council has provided for human rights in the country, the change in government and the ratification of the new constitution.

Dr Shaheed also announced the Maldives’ candidature for a seat in the Human Rights Council in the upcoming May elections to be held at UN Headquarters in New York.

“I am here lobbying for candidature,” said Shaheed. “We have very strong support and are very confident of winning [a seat in the Council].”

Besides the Maldives, Malaysia, Thailand, Qatar and Iran are also running in the elections for one of the four available seats in the Human Rights Council.

“The Maldives’ own positive experience with the international human rights system lies behind our decision to run for election” said Dr Shaheed. “We believe in the Council and the work that it does. We understand, through first-hand experience, its value and its capacity to bring about change”.

The minister also mentioned the new bills that are waiting for approval at the People’s Majlis, which he said will “enact a wide-array of crucial legislation in the field of human rights.”

These bills are: a bill on persons with disabilities, an evidence bill, a drugs and rehabilitation bill, a bill on the right to information, a prison bill, a bill on violence against women, and a new penal code.

Minister Shaheed acknowledged that “adopting new laws is not an end in itself” in making positive changes in society. He said the laws need to be enforced, perceptions need to be changed in the government, and the people need to be educated on what human rights mean in practise.

Dr Shaheed also informed the delegates of the Council of the government’s recent decision to withdraw the reservation on the Convention on the Elimination of All Forms of Discrimination Against Women, which states that women can run for senior political office.

Dr Shaheed said today was the last day of the high-level address from dignitaries to the Council, and he will be joining the president’s delegation in Germany this Sunday for the rest of his European tour.

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Maldives to withdraw reservations on women’s rights treaty

The Ministry of Foreign Affairs today announced the government’s intention to withdraw the reservations of the Maldives to the UN Woman’s Rights Treaty.

The Ministry has informed the Office of the High Commissioner for Human Rights that the Maldives will shortly be withdrawing the controversial national reservation, which limits key aspects of the international Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

The reservation restricts the application of Article 7(a) of CEDAW, under which state parties commit “to take all appropriate measures to eliminate discrimination against women in the political and public life of the country and, in particular, shall ensure to women, on equal terms with men, the right: (a) to vote in all elections and public referenda and to be eligible for election to all publicly elected bodies.”

Under the 1998 Constitution, women were banned from running for president. Article 109 of the new Constitution of 2008 does not include any restrictions based on gender under “qualifications for election as President”.

Aishath Zahir, Deputy Additional Secretary for the Ministry of Foreign Affairs said “this withdrawal is reinforcing the Constitution,” and “it reinforces our obligations under international law.”

The UN Committee on the Elimination of Discrimination against Women had repeatedly asked the Maldives to withdraw this reservation, since it was contrary to the purpose of the Convention of Women’s Rights and went against the principle of the equality of women and men.

The withdrawal of the restriction on Article 7(a) is a necessary official notification from the Maldivian government to the Committee on the Elimination of Discrimination against Women, the statement claimed. This is being done so that “the new reality is fully reflected in international law.”

Because under the new Constitution parliament must approve any changes in the legislature, it is necessary for the government to submit a procedural bill to the Majlis seeking approval.

“As soon as it’s passed by the Majlis we will lodge our instrument of withdrawal to the UN,” said Zahir.

The Bill has been prepared by the Department of Gender and Family in the Ministry of Health and will soon be considered by the People’s Majlis.

Minister of Foreign Affaris Dr Ahmed Shaheed said the reservation was “a relic of a time in the Maldives when women were openly and explicitly discriminated against even within our primary legal framework.”

He added that this withdrawal makes explicitly clear that “everyone is entitled to the same rights and freedoms…without discrimination of any kind, including based on gender”.

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Comment & Analysis: Corruption, your ‘no’ counts

Corruption has a devastating effect on democratic governance and economic development all over the world.

The problem is global and no country in the world could possibly claim to be immune against any of the various forms in which corruption manifests itself. Yet, it is of particular concern in the developing world, as huge amounts of money and resources are diverted through corruption away from what it should serve: socio-economic development, justice and security.

And it is a particular concern to South Asia, which is home to one-fifth of the world population and where countries face enormous challenges of sustainably alleviating poverty for millions of people and of meeting the universally agreed upon Millennium Development Goals in less than six years from now.

Corruption, not culture

Often, people believe that they are at the mercy of corruption or even that paying a bribe just belongs to a way of life or a culture in a given society and that this cannot be changed. Although corruption is mostly unanimously considered as ethically unacceptable, it seems that only few are able to visualize and understand the long term harmful consequences of corruption for development and the society. It is perhaps, therefore, that skepticism with regard to the benefits of a zero tolerance approach, have remained for a long time.

This is now gradually changing. In 2003, the world community marked a historic milestone by adopting the United Nations Convention against Corruption, the first ever universal instrument against corruption.

Two years later, it entered into force and today, we can report that 142 countries have ratified the Convention. Through this Convention, Governments have now universally agreed upon and accepted comprehensive standards and measures to criminalise and prevent a variety of forms of corrupt practices, such as bribery of public officials, both national and international, embezzlement of funds, trading in influence, abuse of functions, illicit enrichment, laundering of the proceeds of crime and obstruction of justice.

Equally important, State Parties to the Convention have committed themselves to implement appropriate measures for asset recovery, also across borders, and international cooperation in view of the transnational character of organized criminal activities, such as drug and arms trafficking.

UN-logoWhereas the Convention has been signed and ratified by Governments, it does not limit itself to entrusting measures for the public sphere. It also proposes concrete measures to be taken both by the private sector and the civil society. For example, the Convention specifically mandates the private sector to establish a code of conduct for the prevention of conflicts of interest, internal auditing controls as well as proper commercial practices.

Equally, the civil society is called upon to create awareness and undertake public information and education programmes to promote transparency, integrity and non-tolerance of corruption.

Since entering into force, the State Parties to the United Nations Convention have met regularly to discuss progress in the implementation of the Convention. In the last meeting held in Doha in early November, States have made a breakthrough by agreeing to a new mechanism, under which they will monitor every five years to see how they are living up to their obligations under the Convention.

The strength of the monitoring mechanism is that it is based on self-assessments and peer reviews and that information will be made public.

Time has come to be judged by action taken and not by promises made. The “your no counts” campaign which was brought to live to harness people’s support for anti-corruption in the spirit of the Convention, also calls on you to stand up for integrity and take action against corruption.

Cristina Albertin is the UN representative for the Office on Drugs and Crime in South Asia.

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

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