President Dr Mohamed Waheed Hassan yesterday returned to the Maldives with First Lady Madam Ilham Hussain after concluding a visit to the US.
The president, who has been in the US since late last month when he spoke during the meeting of the 67th UN General Assembly, was met upon his return by Vice President Mohamed Waheed Deen.
During an address to the UN General Assembly last month, President Waheed said his government’s dealings with powerful international actors since coming to office during February’s controversial transfer of power had “not been pleasant”.
“We believe that the story of the Maldives needs to be told. It is a lesson to be learnt by other small states. The application of the rule of law is to protect the smaller and the weaker; to prevent small justice being served to small states,” said the president at the time.
The comments were made at a high level meeting designed to reaffirm global commitment to the rule of law in order to further the UN’s goals of international peace, human rights, and development.
During the visit, Waheed also attended a Commonwealth’s Ministerial Action Group (CMAG) meeting that saw the country’s suspension from the international body’s democracy and human rights arm revoked. However, the Maldives has remained on the body’s agenda under the item “Matters of Interest to CMAG”.
A source close to the recent Commonwealth Ministerial Action Group (CMAG) meeting in New York has told Minivan News that severe divisions within the group regarding the Maldives’ status resulted in two hours of fierce debate before the wording of the final statement was agreed upon.
After discussing the meeting with three of the group’s delegations, the source revealed that it was the final paragraph regarding the Maldives’ situation which resulted what was described as prolonged “fighting”.
Paragraph 19 detailed the decision to “move consideration of Maldives in future to its agenda item ‘Matters of Interest to CMAG’”.
The reported divisions within the group shed further light upon the confusion which followed the release of the CMAG statement last week – five members were described as being “vehemently opposed” to removing the Maldives from its agenda.
“It was basically the Bangladeshi Chair versus the rest,” said the source.
After senior government figures as well as local media in the Maldives announced that the country had been removed from the agenda, CMAG member and Canadian Foreign Minister John Baird released a statement declaring his satisfaction that the Maldives remained on the agenda.
Earlier this week, Commonwealth Spokesman Richard Uku, told Minivan News that the Maldives was off the formal agenda and would resume its seat at the next meeting which is scheduled for April.
One of eight members in CMAG, the Maldives was suspended from the group in February after being placed on its investigative agenda.
“Being under the ‘Matters of Interest’ category simply reflects CMAG’s wishes to remain positively engaged. It should not be considered as a negative or punitive measure, because it is not,” said Uku.
“CMAG recognised the outcome of the Commission of National Inquiry report, reflecting the Government’s legitimacy,” he continued. “It recognised that there is more work to be done to follow up the CONI report recommendations to strengthen institutions.”
The source gave their own opinion of the outcome based their discussions with those present.
“The Maldives has been moved from one part of the agenda to another,” said the source. “The key wording in paragraph 19 was that the Maldives will resume its seat in April ‘in the absence of any serious concerns’.”
The source was told that this caveat alludes to Waheed’s agreement to pardon all politicians currently under investigation after allowing legal proceedings against them to be quickly concluded – Waheed reportedly told the group he could not stop legal proceedings.
The paragraph also hints at an alleged commitment made by Waheed to follow through with the CNI’s recommendations including prosecutions in relation to well-documented police brutality.
It is alleged that two of the group’s ministers have promised to walk out of April’s meeting should Maldivian Foreign Minister Dr Abdul Samad Abdulla resume his seat without these agreements having been adhered to.
Insulting CMAG
The meeting had been preceded by intense lobbying from both government and opposition groups regarding the Maldives’ inclusion on CMAG’s investigative agenda, reserved for those suspected of violating the Commonwealth’s core values of human rights and democracy.
Prominent figures in the government had suggested that, after having its legitimacy seemingly validated by the Commission of National Inquiry (CNI) report, the country should walk away from the Commonwealth should it not be removed from the agenda.
President Waheed echoed these sentiments in a speech given before a meeting during the United Nations General Assembly days before the CMAG meeting.
During the speech, Waheed took aim at the certain “powerful international actors”, describing them as serving “small justice to small states”.
Conversely, the opposition Maldivian Democratic Party (MDP) argued that CMAG’s revised mandate provided it with a remit to look beyond questionable changes of government to persistent violations of core Commonwealth principles.
Last week Foreign Minister and UN Special Rapporteur on Human Rights, Dr Ahmed Shaheed had predicted that CMAG would only remove the Maldives from its agenda if guarantees of free and fair elections were given.
The informed told Minivan News that Waheed was “grilled” by the panel for around 75 minutes, at one point being told that he was insulting CMAG with his seemingly contradictory answers.
The frustration of the Canadian representative when asking Waheed about persecution of opposition politicians was made clear in the press release the following day.
“President Waheed offered no substantial defence of these questions, which is a telling response in itself,” he said.
The source reported that some in the panel had felt the government’s argument for removal from the agenda due to the negative publicity it generated was “stupid”.
Regarding the reported agreement to pardon those politicians convicted in order for them to participate in next year’s elections, the source expressed concern that CMAG ministers may still have been “duped”.
“Ministers are not aware of constitutional clauses saying one year must pass after the pardon [before being eligible for elected office],” said the source.
The President’s Office had hinted previously that Waheed may consider clemency in the case of former President Mohamed Nasheed who currently faces charges of illegally detaining a judge and defaming senior members of the current government.
Nasheed failed to appear at the start of his criminal court trial yesterday, defying a travel ban to sail to the southern atolls for electioneering purposes.
The Maldivian Democratic Party (MDP) has announced its intention to conduct a nationwide protest on Friday following the decision to place former President Mohamed Nasheed under island arrest.
The Department of Judicial Administration yesterday told local media that the travel ban was “standard procedure” followed by all courts.
The party has refrained from larger demonstrations since the release of the Commission of National Inquiry (CNI) at the end of last month.
In their observations, the CNI’s international observers were critical of the MDP’s tendency to demonstrate on the streets, describing it as “bully-boy tactics involving actual and threatened intimidation by a violent mob.”
Following apparent absolution by the CNI, the Maldives Police Service announced that it would arrest anybody found using the word ‘baaghee’ towards police.
Nasheed will also appear in Criminal Court on Monday, October 1, in relation to the detention of Chief Judge Abdulla Mohamed which preceded his ousting in February.
Should he be convicted of the latter offense, Nasheed would be constitutionally barred from standing in next year’s scheduled presidential elections.
The MDP – still the nation’s largest party by membership – has previously declared that it would boycott such elections should Nasheed be blocked from participating.
Tomorrow’s protest will coincide with a meeting of the Commonwealth Ministerial Action Group (CMAG) in New York, where the issue of removing the Maldives from the group’s investigative agenda will be discussed.
President Waheed’s government has insisted that the CNI’s verdict of ‘no-coup’ regarding the February transfer of power means the Maldives should be removed from the agenda, while the MDP have pointed out that institutional deficiencies exposed in the report demonstrate that the Maldives case still falls firmly within CMAG’s remit.
Whilst in New York, Waheed spoke before the United National General Assembly (UNGA) where he aimed a thinly veiled attack at the Commonwealth’s understanding of the rule of law during its recent dealings with the Maldives.
Impunity Watch
The restriction on Nasheed’s movements came days after the party released a document titled ‘Impunity Watch Maldives’.
Amongst the figures included in the ‘Impunity Watch’, the report stated that the number of MDP MPs having faced prosecution or questioning by the government was now seven, a figure which party spokesman Hamid Abdul Ghafoor stated was a third of the party’s representation in the Majlis.
This number jumps to twenty nine if party officials are included such as Nasheed himself, and the party’s chairperson ‘Reeko’ Moosa Manik, who is facing charges of disrespecting the judiciary.
It lists the number of instances of police brutality against protesters since February 7 as 130 and the numbers detained by police in relation to opposition protests as 851.
The MDP criticised what it sees as the failure of the government or of United Nations Resident Co-ordinator Andrew Cox to condemn these human rights violations.
Meanwhile, the document gives the number of police officers arrested in relation to human rights violations as zero, as well as highlighting the case of one officer who was promoted twice after the Police Integrity Commission (PIC) recommended he be prosecuted.
PIC Chair Shahinda Ismail has named the officer in question as Ali Ahmed, stating that his promotions came after the commission had recommended his removal to the Home Minister.
“It is really upsetting – a huge concern – for me that the police leadership is showing a trend where unlawful officers are acting with impunity. This can only lead to further violence,” said Shahinda.
In the first of three PIC reports into the events surrounding the transfer of power, nine separate incidents were highlighted, with the commission unanimously pledging to pursue further legal action in five of the cases.
“If the Commonwealth Ministerial Action Group (CMAG) agrees to remove the Maldives from its agenda – and it’s a big ‘if’ – it will be based on guarantees of free and fair elections next year in which Nasheed could participate,“ said former Foreign Minister and UN Special Rapporteur on Human Rights, Dr Ahmed Shaheed.
Shaheed explained that he had been in contact with a number of ministerial delegations from the group, receiving assurances that the Maldives would not be removed from the agenda without “very good assurances” that human rights norms would be adhered to.
Home Minister Dr Mohamed Jameel Ahmed has today said that any direct conditions set by CMAG could infringe upon the sovereignty of the Maldives, telling Minivan News that nothing along these lines had been conveyed to the government by CMAG.
After the release of the Commission of National Inquiry (CNI) ruled that February’s transfer of power was constitutional, prominent members of the government have argued that the country be removed from CMAG’s investigative agenda.
Conversely, members of the now-opposition Maldivian Democratic Party (MDP) have been lobbying for the Maldives to stay on the group’s agenda, arguing that questions still remain over the country’s ability to adequately observe the values of the Commonwealth.
This campaigning has taken former President – and current MDP presidential nominee – Mohamed Nasheed, to the UK this week, where he met with Foreign Secretary William Hague and asked him to back calls to ensure continued Commonwealth oversight of the Maldives.
“We want to be on someone’s agenda until the elections are through. That’s what we’re trying to do now. I have known William Hague for some time. I know they have difficulties as a government. They have to take on board everything and give proper consideration to the regional sensibilities of British intervention in the Maldives,” the UK’s Telegraph newspaper reported Nasheed as saying.
“But we feel now that they have an avenue to help the Maldives through the Commonwealth. What we are asking for is not the sun, the moon and the stars. What we are asking for is very natural and it can be done.”
Nasheed also spoke at the Royal Commonwealth Society on Wednesday, where he pushed for the Maldives to remain on the CMAG agenda, despite the CNI report’s findings.
“I am not for one second suggesting the transfer [of power] was legal… but we don’t have to go there to keep us on the CMAG agenda,” he continued, arguing that the persistent violations of the Commonwealth’s values was ample grounds to keep the country on the CMAG agenda, according to its revised mandate.
Jameel remained confident, however, that CMAG’s role in the this year’s political crisis ended with the CNI’s legitimisation of the current government: “We do not believe that CMAG will take any steps to exceed its mandate as it exercises a defined function.”
Shaheed’s comments regarding Nasheed’s ability to run in next year’s elections come as the government continues to pursue him through the courts, with prominent politicians stating a desire to see the former Amnesty International prisoner of conscience back behind bars.
On Wednesday evening, Nasheed acknowledged his fears of returning to prison.
“I don’t want to be there but we have to face reality of consequences and I don’t see the international community as robust enough to stop that happening – this is very sad… I might not be with you for the next few years but, rest assured, we will come back and democracy will reign in the Maldives again.”
Jameel today argued CMAG could not override domestic legal proceedings.
“The people have decided the criminal justice system of the Maldives. So no foreign party has the authority to dictate or ask to revise that process,” he told Haveeru, referring to charges against Nasheed in relation to the detention of Judge Abdullah Mohamed in January this year.
During his time in London, Nasheed also met with Richard Ottaway MP – Chair of the Foreign Affairs Select Committee, Alistair Burt MP – Parliamentary under-secretary of state at the FCO as well as MPs John Glen MP, Mark Menzies, and Karen Lumley.
A Spokesperson from John Glen’s office said that discussions had included the Commonwealth’s procedures in such cases as well as Britain’s role in dealing with the CNI report.
Dr. Shaheed spoke to Minivan News from London just before boarding a plane to New York, where he will be lecturing on human rights.
He has recently accepted a position at the University of Essex in the United Kingdom as visiting professor of human rights practice for the coming academic year. He will continue his work for the United Nations.
President Dr. Mohamed Waheed Hassan also left for the United States yesterday morning, where he will reportedly be attending the next meeting of CMAG on September 28, at which a decision on the removal of the country from the agenda is expected to be made.
Waheed will also be attending the 67th session of the United Nations General Assembly (UNGA) which opened last Tuesday.
Despite the Commonwealth Secretariat being based in London, for logistical reasons CMAG also meets annually in New York alongside the UNGA.
The previous teleconference meeting, earlier this month, was expected to produce a decision on whether to remove the Maldives from the agenda.
After an inquiry as to why no decision was made at the teleconference, following local media reporting technical problems, the MDP was informed that the CMAG ministers preferred to conclude such discussions face to face.
Shaheed suggested that Waheed’s attendance at the meeting could be taken advantage of by CMAG members to “wrest concessions” from the president.
He added that sending the president himself was a far better idea than sending other members of his cabinet who had “waged war” on CMAG.
No spokesperson from the President’s Office was responding to calls at time of press.
Crowds of protesters gathered in front of the UN building on Friday, protesting against the movie “Innocence of Muslims”, perceived as offensive to the Prophet Mohamed.
Similar protests have erupted across the Arab world following the release of video offensive to Muslims on the the video-sharing website, YouTube. The UK’s Guardian newspaper reported that the video was promoted by radical Islamophobic Christians in the US and then broadcast in Egypt by Islamic activists.
Protests have occurred in Iraq, Iran, Bahrain, Afghanistan, Yemen, Egypt, Jerusalem and the West Bank, Kashmir, Malaysia, Indonesia and the Nigerian city of Jos. The most serious incident was in Libya, where demonstrators killed US Ambassador Chris Stevens and three embassy employees by firing a rocket-propelled grenade at their car. British and German embassies have also been attacked.
On Friday in Male’, a leaflet was distributed inviting persons to the protest at 4:00pm, titled “In Protection of Prophet Mohamed”. The leaflet did not specify who the organisers of the protest were.
Police had cordoned off the area ahead of the time, and protesters initially gathered opposite Billabong International School. Placards were mostly in English, and had a range of messages expressing their anger against the movie and the US in general.
Some of the placards in the front row read: “Behead those who insult our Prophet”, “Our prophet is dearest to us than our mother”, “May Allah curse America”, and “Maldives: Future graveyard of Americans and Jews”.
In less than an hour protesters broke through police barricades, shoving police away angrily and approached the UN headquarters. The few police officers present cleared the entrance of the building, but let protesters remain right in front of it.
Female protesters remained at the far end of the road, near the Billabong school.
A US flag was set on fire, with protesters surrounding it chanting “Allah Akbar”. A number of speeches were made, accompanied with chants. Some of the most repeated chants include asking President Waheed to return America’s US$20,000 contribution to restore the historical Buddhist artifacts in the museum, which were destroyed by a mob of vandals during February’s political turmoil. Some protesters stated loudly that if the idols were restored, they would promptly destroy them again.
At one point, protesters demanded the resignation of Minister of Islamic Affairs, Sheikh Mohamed Shaheem Ali Saeed.
A lecturer at the Maldives University, Sheikh Mohamed Thoyyib, was given protection by the police after his speech asking protesters to show patience and compassion like the Prophet enraged some of the people gathered there.
The protest was adjourned in time for maghrib prayers, at around 6:30pm.
The Ministry of Islamic Affairs released a statement on Thursday condemning the movie. It stated that the enemies of Islam had always used tools of the times to insult the Prophet, but that such efforts would not at all harm the character of the Prophet, as he was held in high regard all over the world. The statement called on people to show restraint and to offer prayers for the Prophet.
The Islamic Foundation of the Maldives also issued a press release today, stating that “Countless numbers of Muslims all around the world intensely revere the person of Mohamed, in fact they revere him more than their own lives, and therefore it is extremely offensive for them to defame Prophet Mohamed (PBUH).”
The Maldives’ Ministry of Foreign Affairs has meanwhile officially condemned the attacks on the US Embassy in Cairo and the US Consulate in Benghazi.
In a series of Tweets last night, the Maldives’ Islamic Adhaalath Party (AP) condemned the video, whilst urging Muslims not to resort to violence.
“AP strongly condemns the anti Islamic video ‘Innocence of Muslims’ which is highly provocative and highly insulting to Muslims,” said the party, before adding, “Islam forbids resorting to violence against innocents. We should not attack our foreign guests and/or foreign diplomatic offices.”
The protests come at the end of a week that has seen two visits from to the Maldives from both the US Ambassador to Sri Lanka, Michele J. Sison, and US Assistant Secretary of State for South and Central Asian Affairs Robert Blake.
Local media reported that threats were made against Sison during the protest.
There were also reports that the crowd had issued warnings against Commonwealth Special Envoy Sir Donald McKinnon who also visited the country this week to discuss the recently completed Commission of National Inquiry (CNI) with leading politicians.
The EU has slammed an “escalation of political tension and violent protests” in the Maldives as police confirmed that 50 people – including a former cabinet minister – were arrested during the last two days during anti-government demonstrations.
However, with the arrest of 32 demonstrators in the last 24 hours, as well as a government decision to clear the MDP’s Usfasgandu protest site by July 30, some opposition figures have claimed the tension will likely intensify further.
Spokesperson for Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy, has said there remained “deep concern” in Europe over the political unrest in the Maldives.
“The High Representative is convinced that continued political unrest, heavy-handed responses by security forces, and charges filed against political leaders will only lead to further deterioration of the political climate in the country and will adversely affect the lives of all Maldivian citizens,” stated the EU.
“The High Representative acknowledges the efforts of the Commonwealth Special Envoy, Sir Don McKinnon, to strengthen the Maldives Commission of National Inquiry (CNI) whose purpose it is to establish an objective account of the events which led to the resignation of President Nasheed and the transfer of power to the present Government on 7 February 2012. She appeals to all parties to refrain from any actions that could jeopardise completion of the Commission of National Inquiry’s work, including legal action against political leaders”.
The calls followed a statement released by the Commonwealth this week urging all parties to show “restraint and restore calm” as initiatives like the reconstituted Commission of National Inquiry (CNI). The CNI, expected to be completed by next month, was established to ascertain the truth between February’s controversial transfer of power.
In a statement released Tuesday (July 17), Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Donald McKinnon called for dialogue among political leaders, urging all parties to show “restraint and restore calm.”
“Direct action”
During the last two weeks, the MDP has been carrying out what it has called “direct action” protests.
While the opposition party has continued to contend that its protests have been “largely peaceful”, the ongoing demonstrations have at times broken out into violent clashes. This violence has led to allegations of police brutality against demonstrators, and counter claims of protesters attacking reporters and security forces.
The MDP today said it expected its protests, stated to continue until the present government of Dr Mohamed Waheed Hassan “topples” would continue indefinitely. The MDP alleges that the Waheed administration came to power in February through a “coup d’etat” and therefore had no legitimacy.
Party MP and Spokesperson Hamid Abdul Ghafoor claimed that the MDP was committed to managing “peaceful, disciplined” protests, though he accepted that violent confrontations appeared to be increasing between police and protesters. He alleged that this violence was a result of law enforcement officials increasingly showing a “lack of discipline” on their part.
The Maldives Police Service has contended that to continues to use “minimum force” to protect its officers during the demonstrations.
Conversely, while police have said that none of its officers were hurt in the last 24 hours – there have been serious and minor injuries sustained by police during attacks by individuals suspected of being affiliated with anti-government demonstrators.
On July 12, an attack around Dhilbahaaru Magu in Male’ saw one officer having to fly to Sri Lanka for treatment for head injuries received from an assault with a pavement brick.
Minivan News has observed protests in recent weeks switching from heckling and mocking of officers at police barricades to violent confrontations as police have charged through protests lines, and demonstrators themselves broke through barricades to confront police.
Police have come under particular criticism by the MDP for using pepper spray directly in the faces of protesters – an accusation denied by law enforcement authorities.
“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement at the time.
However a video released of the incident showed a riot police officer reaching over a crowd of people surrounding Nasheed and spraying him in the face. Nasheed turns away as the spray hits him, and is taken away by his supporters, but later returned to the protest.
In this environment, the government has itself called for “calm”, urging all political leaders to abandon the street protests, which have attracted international attention over the last few weeks, and sit down for “sincere dialogue”.
President’s Office Spokesperson Abbas Adil Riza was not responding at time of press.
Amid the calls for an end to protests and fresh talks, the Ministry of Housing has issued an ultimatum for the MDP to vacate the Usfasgandu protest area in the next nine days.
Housing Minister Dr Mohamed Muiz claimed the decision to evict the MD from the site was not linked to the current anti-government protests, but rather a reaction to how the opposition had used their land for partisan purposes.
Muiz told Minivan News that the land, which had controversially been leased to the MDP Male’ City Council, an elected body with a majority representation for the opposition party, belonged to the government.
“As far as I’m concerned there is no doubt of the legality [of clearing the site],” he said.
Amidst the current political tension in the capital, Dr Muiz said that the timing of the decision had “nothing to do” with continued protests being carried out by the party.
“We have already handed in our development plans for the area,” he said. “There is a clear mandate of what should have been developed on [Usfasgandu]. The MDP have ignored these rules and have developed it into their own party property.”
MDP MP Ghafoor responded that “there was no doubt” that the Housing Ministry’s decision was in retaliation for continuing its protests in the capital.
“Judging from the current mood of the people, the [housing] minister’s threats will be taken as irrelevant now. People just aren’t listening any more to what they see as a coup government,” he claimed.
Ghafoor also alleged that all ministers aligned with the present government were viewed as having no legitimacy among MDP members, from the State Islamic minister up to President Waheed himself.
However, with international organisations including the UN, the EU and the Commonwealth all calling on politicians to adhere to a peaceful resolution to the nation’s political upheaval, Ghafoor said that protests would continue as previously pledged by the party.
“I do not think the issue here is whether our protests are sustainable, it is more about the fact the whole political situation in this country unsustainable,” he claimed.
Despite the alleged incidence of violence linked to police and protesters alike, Ghafoor contended that the MDP remained committed to “disciplined, peaceful” protests.
“As long as the party keeps the foresight to try and manage protests, we are trying to channel the energy and dissatisfaction of people into something more positive,” he claimed.
Ghafoor conceded that it was apparent that protests were becoming more violent as peoples’ frustrations grew, a sign he claimed that was reflected in the amount of footage and photos of protests that were being found on social media sites like Facebook depicting alleged acts of violence by authorities.
“I think that protests show a direct correlation between the level of oppression and the resultant uprisings,” he added. “If you look at Bahrain , they have lived with repression all their lives, so have we. But we are seeing the kids coming out on the streets to show their anger,” he said.
Ghafoor alleged that police were failing to keep control of the present situation and may be turning to young inexperienced officers to try and control it.
Arrests
More than 50 people are believed to have been arrested during two nights of protests in the capital – 22 were said to have been arrested in the early hours of Friday (July 20) morning, the first day of Ramazan.
Among those arrested were former Transport Minister Adil Saleem, who was detained on Thursday evening but later released under house arrest, according to the MDP.
The MDP also alleged that Saleem had sustained “abdominal injuries” during his arrest as a result of “excessive force” used to detain him by police. Ghafoor claimed that Saleem was eventually taken to Hulhumale’ hospital for treatment, though was advised that he should be transferred to Indira Gandhi Memorial Hosptial (IGMH) in Male’. Police were then reported to have opted against returning the former minister to the capital.
The MDP has also claimed that the protesters who had been arrested were not given food during breakfast whilst being held.
“Legal necessities”
In response to the 32 people confirmed to have been arrested following this morning’s protests, police claimed that detentions were made after repeated warnings to not to cross the police lines and to not to obstruct police duty.
“The protesters who came into the ‘no protesting zone’ claimed that they were there to call for early elections and voice against the government. But the protesters that came into this zone had resorted to using foul language and harassment to the police officers” read the statement.
Following the confrontations, those that were arrested were given the opportunity to breakfast and all other legal necessities were provided to them, according to police.
Among the legal necessities provided to the arrestees were, having a medical check up to see if there is any sort of physical harm caused to the arrestee and providing the opportunity to seek assistance of a legal counsel. The families of the arrested were also contacted.
Police have claimed that among 32 arrested, four were tested positive for drugs. Those tested positive were Ismail Abdulla, Mohamed Sabah, Aishath Laisha Abdullah and Hussain Mufeedh, police said.
Police claimed that Aishath Laisha was the only female arrested in today’s protests.
A Maldivian government delegation sought to defend the Maldives’ human rights record and commitment to the International Covenant on Civil and Political Rights (ICCPR) before the UN Human Rights Committee (UNHRC) on Thursday and Friday.
The delegation was headed by Home Minister Dr Mohamed Jameel, former Justice Minister during the 30 year rule of President Maumoon Abdul Gayoom and co-author of a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’, published in January 2012. The publication was released at a time when the home minister’s 2300 member Dhivehi Qaumee Party (DQP) was in opposition.
Dr Jameel was accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam.
Adam and Dr Jameel first read out a prepared statement from the government in response to a list of issues raised by the UNHRC. The delegation then faced questions from the panel, and were given the opportunity to respond.
Dr Jameel began by briefly outlining the current political situation in the Maldives, noting that the country had seen “significant changes” in 2012, which had “clear implications for rights protected under the Covenant.”
He explained to the panel that President Mohamed Waheed had ascended to the presidency according to the constitution following the resignation of President Mohamed Nasheed on February 7, emphasising that this elevation was “not a change of government, but a continuation of the democratic government.”
He acknowledged “disagreement over the nature and sequence of events that led to Nasheed’s resignation”, noting that this had “led Nasheed and his supporters to question the legitimacy of the new government” and “perpetrate the political tensions in the country.”
The government wished to accommodate peaceful protests, he said, but added that “Maldivian Democratic Party (MDP) activists harass fellow citizens at odd hours of the day, conducting political demonstrations late at night without notifying authorities.”
“The government opposes acts of violence, but these protests are violent in nature,” he claimed. “Despite this police have used minimum force and shown maximum restraint.”
The UNHRC panel began by observing that the government’s list of issues had been generated in 2011, “and as the delegation has conceded, there have been dramatic developments since then.”
The panel noted that the statement given by the government had noted that the provisions of the covenant were not treated as law in the Maldives unless incorporated, noting that this “could give the impression that the covenant did not have the status of law, whereas it has the status of international law.”
While Ambassador Adam had claimed that the Covenant was “adequately domesticated” in the Constitution, “we cannot say it has been adequately domesticated when the grounds for discrimination do not include language and religion,” the panel stated.
The panel also raised the “sweeping provision” in the Constitution that no law could be enacted contrary to a tenant of Islam, and what the ramifications of this were for the government’s commitment to the Covenant.
“Forms of torture and ill-treatment included the use of suspension, lengthy use of stocks, being beaten with fists and bars, kicked, blindfolded, handcuffed, the dislocation of joints and breaking of bones, being forced to roll and squat on sharp coral, being drowned or forced into the sea, being put in a water tank, being burned, having bright lights shone in eyes, being left outside for days while tied or handcuffed to a tree, being covered in sugar water or leaves to attract ants and goats, and in one case being tied to a crocodile’s cage. Sexual assault and humiliation was also routinely used. Many testimonies suggest the only limit to the torture and ill-treatment imposed was the imagination of those whose control they were under,” a UNHRC panel member read.
“Surely this is something that refers to before 2008,” the panel member stated, “but the [present government] has a responsibility to pursue and investigate and bring to justice if these [allegations] are indeed correct. If there is an atmosphere of impunity regarding torture, I would offer that the present situation would not be treated differently by those who would want to violate the office they have, and abuse those under their care, or those going peacefully about their business.”
The panel member also raised the question of judicial flogging, and asked the delegation to identify what crimes were punishable by flogging, and to what extent it was used.
“You say you identify a notion of discrimination because more women are flogged than men, but you don’t say what you intend to do about it,” the panel member stated. “To me the easiest way to do that is to abolish flogging.”
Another panel member questioned the delegation as to whether Dr Waheed had been publicly announced as Vice President before the 2008 Presidential election, whether his name had appeared on the ballot, and asked why the government had retreated from promises of early elections.
“I am aware that at the time of the transfer of government – and I’m not using the word some others would use – there was an undertaking for new elections to be held this year. And that undertaking was withdrawn. I can certainly see why, whatever the constitutional provision, there is a sense that a retesting of the government’s legitimacy might be a good thing,” the panel member stated.
He asked Dr Jameel to clarify a contradiction in his opening statement, in which he claimed that the government was involved in diagloue to generate consensus and that as a result Maldivians had been able to “enjoy their daily lives as normal”, but then went on to describe violent protests “which are making normal life in the capital impossible.”
The panel member also raised the “troubling role of the judiciary at the centre of many of these [recent] developments.”
“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” he observed.
One panel member raised the concern of the current push in the Maldives towards the cessation of the practice of the President commuting the death penalty.
Another, identifying himself as from a Muslim country himself, asked whether the universal recognition of rights guaranteed by the ICCPR “ fully coordinated” with the status of religion accorded by the Constitution in the Maldives, and asked about the ramifications this had towards the Maldives’ treatment of women, criminal sanctions, citizenship and freedom of expression.
“We face two trends: the universalist trend which places emphasis on human rights, and the cultural trend, which places the emphasis on Islam. The problem lies in reconciling the two,” he said, asking whether the Maldives was seeking the “modernist” approach of reconciliation.
In response, Dr Jameel said human rights in the Maldives streamlined with Islam “with very few minor exceptions.”
“The general acceptance of Muslim jurists is that Islamic human rights were there long before we subscribed to universal human rights,” he said.
“We declare that there are no apparent contradictions between human rights and what is there in the Maldives constitution.”
Dr Jameel observed that on the subject of religion and language, “As I highlighted, the Maldives as a Muslim country clearly stipulates that the rights enshrined in the constitution should be interpreted in a way that do not contradict Islamic Sharia.”
The Maldives was, he said, a homogenous society that spoke one language, was of one race and one religion, and therefore there was “no debate in society calling for the removal of the provisions [relating to] language or religion, because of the characteristics of the Maldives as a society.”
Dunya noted that “being a Maldivian and being a Muslim have become interlinked and inseparable. There is strong public support for the Maldives being and remaining a 100 percent Muslim country. Indeed if anything, the introduction of democracy have intensified [this perception].”
There were no plans to withdraw the reservation, Dunya said: “This is not dogmatic government policy or preference, but rather a reflection of the deep societal belief that the Maldives always has been and always should be a 100 percent Muslim nation. Laws, like government, should be based on the will of the people.”
On the subject of justice, Dr Jameel emphasised that any citizen could bring their grievances before the judiciary, over which the executive had “little or no influence.”
Regarding the “very useful” REDRESS report containing torture victims testimonies, “I admit we have a history that we need to go back and study to avoid what we have witnessed in the past. That was the reason why the Maldives has always been a very progressive society,” Dr Jameel said, noting the improvement in consecutive constitutions.
In the light “of many unfortunate incidents in the Maldives”, Dr Jameel noted, the Maldives had no period of limitation – and that therefore incidents such as the Addu and Huvadhoo uprising and the 1988 coup would also be open for victims to seek compensation.
“As a government we believe we have an independent judiciary. We leave it to the victims to invoke these instances before a court of law,” Dr Jameel said.
“We are a very poor country. Our budget for this year is in deficit, therefore any question of compensation will put the rights of many others in jeopardy.”
On the subject of the death penalty – which Dr Jameel himself has previously stated the government was prepared to implement – he noted that the Maldives was in the grip of a crime surge “which worries many”.
“For example, this year alone we have had seven murders in a country of 350,000. The country is really struggling to address this surge of crime. It is in the light of these occurrences that this debate has occurred. There is no official government discussion, but there are scattered debates across every section of society,” Dr Jameel said.
On the subject of the transfer of power in February, “if the Commission of National Inquiry (CNI) find any criminal offences that occurred during that period they may draw these to the attention of the relevant institutions, such as the Maldives police services,” Dr Jameel told the panel.
“There are various elements, this includes the judiciary and the Prosecutor General, who can order a probe if it warrants a criminal investigation, and compel police to investigate. HRCM is also mandated to investigate and appear in trials,” he said.
HRCM had already produced a report on the former President Nasheed’s “abduction of the Criminal Court judge”, Dr Jameel noted.
A Maldivian government delegation will stand before the UN Human Rights Committee (UNHRC) at 6:00pm (local time) on Thursday to discuss the current state of national efforts to address human rights and equality issues.
The committee hearing comes as certain local and international NGOs raised criticism over an alleged deterioration in commitments to address national human rights concerns since March 2011.
Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during today’s session to discuss human rights in the country.
The government of the Maldives responded to the list of issues to be raised during the session today earlier this month.
However, speaking to Minivan News this week, President’s Office spokesperson Abbas Adil Riza said the administration’s key focus at the UNHRC hearing was expected to be countering allegations put forward by the opposition Maldivian Democratic Party (MDP) about alleged police brutality and human rights abuses conducted since it came to power in February.
Abbas added the government would submit its case against what it called grossly “exaggerated” allegations raised by the MDP, which clams to have been removed from office in a “coup d’etat” on February 7.
UK-Maldives All Party Parliamentary Group
Aside from the reports submitted to the UNHRC, a UK-based NGO called Maldives Watch this week provided a report to the UK-Maldives All Party Parliamentary Group outlining what it claims has been a deterioration in human rights commitments despite assurances given in the Universal Periodic Review (UPR) back in March 2011.
The report claims that the perceived decline in respect of human rights practices had been largely attributed to a “rising Islamist influence and the return of the former dictatorship.”
Since February’s controversial transfer of power, President Mohamed Waheed has installed a coalition unity government consisting of former opposition groups including the Progressive Party of Maldives (PPM), the Dhivehi Rayithuge Party (DRP) and the Jumhoree Party (JP) amongst others.
The PPM is currently headed by Maumoon Abdul Gayoom, the former autocratic ruler of the Maldives, who was succeeded by former President Mohamed Nasheed in the country’s first presidential elections in 2008.
The MDP passed a resolution on February 8 contending that the present government was illegitimate. The party has therefore refused cooperation with the coalition’s work – a position it has continued to back amidst five consecutive days of protests in Male this week that have at times descended into violent clashes with police.
While Waheed’s coalition government includes cabinet positions for several members of former President Gayoom’s family and party, the president on February 17 denied the coalition had restored an autocratic dictatorship to power.
“Anything other than President Mohamed Nasheed’s government is now being painted as the old government, as a return to the old regime. Which is a really misleading way of looking at it,” he stated at the time. “In this country most of us grew up and got education during the last 33 years, and most of the well educated people in this country worked in government. The government was the biggest employer in the country and continues to be so.”
Violation claims
To justify Maldives Watch’s claims about a deterioration of human rights in the Maldives, the report pointed to a number of developments including the adoption under the Nasheed government of Religious Unity regulations it claimed served to violate freedom of expression and right to information.
“The regulations give the Minister for Islamic Affairs arbitrary powers to ensure that only officially sanctioned views on religion can be expressed,” the report claimed.
Maldives Watch also pointed to the condemnation of UN High Commissioner for Human Rights Navi Pillay following calls she made back in November 2011 to encourage a national debate to ending flogging, a commitment said to have been backed by the Maldives at the UPR.
“The coalition was led by radical Islamists and were joined by all opposition parties, all advocating Islamic supremacist ideas,” the report added.
Concerns were also raised over the detention of Criminal Court Chief Judge Abdullah Mohamed on January 16 2012 under the Nasheed administration .
The detention, which the the government claimed had been made over concerns about “national security” owing to allegations that Judge Abdulla was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.
Other issues raised by Maldives Watch’s report include:
The “overthrow” On February 7 2012, of the elected Nasheed government by various members said to be linked to the December 23 Coalition
Claims made this year by President Waheed on February 24, May 2, and “several occasions since” from other members of government, warning against dissent and labelling opposition as terrorists
A “resurgence of police brutality and growing violations of freedom of assembly freedom of association, and freedom of expression” since the transfer of power
Calls made during a series of stalled all-party talks – last held in June – for the opposition MDP to “give up its fundamental rights relating to freedom of expression, association, and assembly”
Police and the military “violently” taking over the state broadcaster before former President Nasheed’s resignation on 7 February
Allegations that private broadcaster Raajje TV “the only TV station critical of the government” has experienced government interference in obtaining a satellite uplink and harassment of its journalists
Perceived bias within the country’s judiciary, which is alleged to be either controlled by the elements of the Gayoom administration “or sympathetic towards the sharia norms espoused by the government”
Members of the Country’s Human Rights Commission (HRCM) perceived to be sympathetic to the interests of Maumoon Abdul Gayoom with a relative said to be employed in a key position within the body
The full report submitted to the parliamentary group is available here.
Despite having ratified the Convention on the Rights of Persons with Disabilities (CRPD) back in April 2010, the Maldives must provide regulatory reforms ensuring against disability-based discrimination and abuse in local society, according to the International Disability Alliance (IDA).
The IDA, which represents a number of NGOs and charities working with people living with disabilities or mental health issues, has made the claims in a report outlining recommendations for how the Maldives can ensure against discriminating the disabled.
The recommendations note particular concerns such as “the lack of adequate and appropriate services, financial resources as well as specialised, trained personnel” available to children with disabilities to ensure their human rights are not being infringed.
The IDA findings will be among several documents submitted to a hearing of the UN Human Rights Committee (UNHRC) in Geneva on Thursday (July 12).
The report’s views have also been backed by local NGO, the Association for Disability and Development (ADD), which told Minivan News that it continued to hold reservations over a lack of policies outlining education, healthcare and employment rights for local people with disabilities.
An ADD spokesperson this week said that although the CRPD had been certified in the Maldives, a lack of national policy and regulation had meant, “there was nothing that could be done” about protecting the rights of people with disabilities or mental health issues.
“Regulations are needed, but the speed in which this process is happening is just too slow,” the ADD spokesperson claimed. “Disability is an area that has been neglected because politicians see other issues as much more pressing here.”
Ahead of its session with the UNHRC committee tomorrow, the government of President Dr Mohamed Waheed Hassan, has provided responses to the list of issues expected to be raised.
The UNHRC has already identified key issues to be taken up with the Maldives, concerning its International Covenant on Civil and Political Rights (ICCPR) commitments. A document outlining these issues – drawn from the country’s Universal Periodic Review (with submissions from government, HRCM and civil society), was published in August 2011 – prior to the controversial change of government and fresh allegations of police brutality and attacks on journalists.
Representatives of the Waheed administration including Home Minister Dr Mohamed Jameel , State Minister for Foreign Affairs, Dunya Maumoon and the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, will be present during Thursday’s session to discuss the country’s human rights commitments.
Government view
When questioned yesterday whether the issues raised in the IDA recommendations were expected to be brought up with the delegation at the UNHRC, the President’s Office said the administration’s key focus would be on dealing with allegations put forward by the opposition Maldivian Democratic Party (MDP).
President’s Office spokesperson Abbas Adil Riza told Minivan News that the government would submit its case against allegations raised by the MDP about alleged police brutality. Abbas claimed that these allegations had been “exaggerated” by the opposition.
A number of NGOs, including Redress, the Helios Life Association, the IDA and social services veteran and former State Health Minister Mariya Ali have submitted reports and evidence to the panel, which is to be webcast live.
Speaking last night at a special ceremony held to celebrate the efforts of Maldivians working with people living with disabilities, President Waheed claimed that the state had in recent years been conducting programmes to try and assist the disabled.
“The only we way we can make our society more kind, just and caring is by us all changing ourselves to be more kind and caring towards the disabled. By making the society friendlier towards such individuals,” the president was quoted as having said by the Haveeru news service.
Local media also reported that the president committed to move ahead with establishing a focused Disability Unit under the Ministry of Gender and Human Rights.
Discrimination prevention
From the perspective of the IDA recommendations, the Maldives has been asked to take a number of steps to ratify the UNCRPD and its optional protocol.
These steps include adopting legal measures that would prohibit discrimination against people living with disabilities or mental health issues, while also preventing the likelihood of them being abused or facing domestic violence.
The IDA also called on the government to provide health care services including mental and reproductive health care to disabled people along with other related services while ensuring the “free and informed consent” of the recipient. In addition, the report also called for authorities to ensure “involuntary treatment and confinement” were not allowed under national laws.
Addressing article 13 of the CRPD, the IDA also called for the provision to disabled people of “effective access to justice on an equal basis with others”. This would ensure that disabled people could serve both directly and indirectly in the country’s criminal justice system, according to the recommendations.
The Maldives has also been called upon in the findings to repeal restrictions imposed in sections 73 and 109 of the national constitution. These restrictions are said to relate to the disqualification of elected members of parliament or even the president if they are deemed not of “sound mind”.
According to the IDA, the provisions are contrary to international standards on political participation.
“This is confirmed in OHCHR thematic study on participation in political and public life by persons with disabilities, which explicitly states that there is no reasonable restriction nor exclusion permitted regarding the right to political participation of persons with disabilities,” the recommendations stated.
In considering the state report submitted to the UN by authorities n the Maldives, the IDA said that no references were made directly to disability, with the government having instead referred to the Common Core Document submitted on February 16, 2010.
Marginalisation
According to the recommendations, Maldivians citizens living with disabilities are presently believed to be among the “most marginalised” in society, with a study conducted back in 2008 indicating that an estimated 25 percent of disabled children living in Haa Alifu Atoll and Haa Dhaal Atoll never left their homes.
Despite this apparent marginalisation, the IDA pointed to the provision in the 2008 Constitution of Malidves outlawing discrimination of people living with mental health issues or physical disabilities. The constitution also calls for “special assistance or protection to disadvantaged individuals or groups”, the IDA added.
“This provision provides the constitutional basis for a number of steps being taken to promote and protect the rights of disabled persons. The most important of these steps are the formulation of a comprehensive Disabilities Bill and a more specialised Bill on Mental Health,” stated the recommendations.
Disabilities Bill
The IDA said the Disabilities Bill, based heavily around the CRPD and designed in consultation with disabled people living in the country, was devised with provisions for the establishment of a special council charged with compiling a national database of citizens living with disabilities in the Maldives.
The council would also be required to protect the rights of people with disabilities, as well as oversee specialised monitoring centres, addressing complaints and drawing up annual reports.
“The draft law also requires the establishment of special education centres for disabled persons; requires state schools to have facilities for the disabled and to ensure that no disabled person is denied an education. [It also] requires that disabled persons be afforded special protection in the workplace and to ensure that disabled persons are not discriminated against in the job market; and requires that public spaces such as parks and supermarkets provide access facilities, such as ramps, for disabled persons,” the recommendations said.
“Finally, under the bill, the government commits to providing financial assistance of a minimum of US$155 a month to all disabled persons, while persons found guilty of harassing or mocking disabled persons are liable to be fined between US$389 to US$778.”
While initially passed on December 21 2009, the bill faced criticism from organisations including the ADD, the Maldives Deaf Association , Care Society and Handicap International for not being consistent with the CRPD document.
Reacting to these concerns at the time, former President Mohamed Nasheed was said to have vetoed the bill and sent it back to the Ministry of Health and Family on January 6 for revision. It was re-tabled in parliament during 2010, the IDA said.
“A general policy on disability is in its final draft form. The policy has been developed after consulting with persons with disabilities throughout the country. The policy relies on the CRPD as its framework and repeats its general principles, refers to most of the rights in the Convention and includes national monitoring mechanisms in line with the convention,” the recomendatons claimed. “The policy identifies a national coordination mechanism, as well as the Human Rights Commission as the monitoring body – both elements being in line with the CRPD.
Mental health policy
The IDA claimed that a second policy on mental health was also at an initial draft stage. The report claimed that the draft include “positive aspects” such as recognising the need for “informed consent” to ensure that treatments were not being forced upon people with mental health issues.
“It also recognises a paradigm shift from institutional care to community‐based rehabilitation as an important step towards protecting the rights of people with disabilities,” the IDA claimed. “It also outlines an institutional framework that establishes treatment services in the remote areas, thereby increasing accessibility to essential rehabilitative services to those in need.”
Disability awareness
However, the recommendations stressed that disability awareness had been a recent development in the country. It claimed therefore that children with disabilities had traditionally been kept within families and away from wider society.
The IDA contended that a “social stigma” still surrounded children with disabilities and affected the way they are treated in society, also limiting future employment prospects.
“Local NGOs claimed in 2005 that there were thousands of persons with disabilities due to high levels of malnutrition during pregnancy. The government has established programmes and provided services for persons with disabilities, including special educational programmes for persons with hearing and vision disabilities,” the recommendations stated. “Persons with disabilities are usually cared for by their families, and when family care is unavailable, they are placed in the Home for People with Special Needs, under the [previous] Ministry of Health and Family, that also hosts elderly persons. When requested, the Government provided free medication for all persons with mental disabilities in the islands, but follow‐up care was infrequent.”
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