Tag: UN

“Radical Islam” undermining Maldivian civil rights: Helios Life Association

“The growing political and institutional influence of radical Islamic groups has undermined the Maldives’ progress towards realisation of rights guaranteed under [The International Covenant on Civil and Political Rights (ICCPR)]”, according to a report compiled by the Helios Life Association (HLA) NGO.

The claims were made in a report entitled: “Maldives: Sudden Reversals in the Implementation of ICCPR Commitments”, which alleges an “alarming increase” in the violation of human rights outlined within the ICCPR that was adopted by the Maldives back in December 2006.

The report by HLA – a non-profit NGO from Switzerland- will be among several documents submitted to a hearing of the UN Human Rights Committee (UNHRC) in Geneva on Thursday (July 12).

The UNHRC has already identified key issues to be taken up with the Maldives concerning its commitments to the ICCPR. A document outlining these issues – drawn from the country’s Universal Periodic Review (UPR) (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.

The government of President Dr Mohamed Waheed Hassan, which came to power through a controversial transfer of power on February 7, responded to the list of issues earlier this month, ahead of its session with the committee this week.

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.

ICCPR in the Maldives

In discussing the role of the ICCPR and human rights issues in the Maldives, the HLA report said that a new constitution adopted in the country on August 8, 2008, paved the way to implement “most of the rights” outlined in the covenant.

However, the report did note some exceptions to the ICCPR, including sections of Article 18, – “Everyone shall have the right to freedom of thought, conscience and religion” – that it alleged had directly impacted a number of other articles in the covenant.

“The fall of the old autocratic regime following the first free and fair elections in the Maldives in October 2008, provided a further boost in the observation of the rights protected under the Covenant,” the report claimed. “An example of this was the agreement during the Maldives’ Universal Periodic Review (UPR) to address a number of concerns relating to non‐compliance with Article 18.”

In responding to issues raised with the UN on the right to freedom of thought, conscience and religion, the Maldives government said that “the reservation states that the application of the principles set out in article 18 will be without prejudice to the Constitution of the Maldives. Chapter II of the Constitution on fundamental rights and freedoms does not include, among the rights guaranteed, freedom of thought, conscience and religion.”

The HLA report also highlighted “concerns relating to the competence, independence and impartiality of the judiciary,” an issue central to the events leading up to February’s transfer of power following the controversial detention of a serving Criminal Court Chief Judge. The detention saw former President Mohamed Nasheed’s government criticised around the world.

December 23

Drawing attention to what the report called the “institutional influence of radical Islamic groups”, HLA claimed that the law on Religious Unity, implemented back in September 2011 under the Nasheed administration, had impinged on parts of Article 19 of the ICCPR relating to human expression.

“This growing radicalisation resulted in the creation of a coalition of political parties in December, called the 23rd December Coalition for the Defence of Islam. As well as extremist religious elements, the 23rd December Coalition comprised of a range of political groups and individuals linked to the country’s former autocratic leader, Mr Maumoon Abdul Gayoom,” the findings added.

“The Coalition had been formed in direct opposition to the observance of international human rights law, particularly to the undertaking given at the UPR process that a national debate will be held on ending forms of punishment not consistent with Article 7.”

HLA also drew attention to the visit of the UN High Commissioner for Human Rights Navi Pillay to the Maldives and calls she made for debate on the issue of public floggings, particularly for women. The calls were derided by the December 23 coalition at the time.

“The [December 23] Coalition proceeded to carry out a coup d’etat on February 7, which was executed by elements of the army and police loyal to Mr Gayoom, his close allies and former members of his government, and other parts of the 23rd December Coalition, following a call by the then Vice‐President, Dr. Mohamed Waheed, to ‘defend Islam and the Constitution’”, the report alleged.

“The coup saw elements of the police and army threaten the Maldives’ first democratically‐elected President, Mr Mohamed Nasheed, his family and colleagues from the ruling Maldives Democratic Party (MDP), with physical harm or worse unless he resign by a certain time.”

Dr Waheed has always denied accusations that his coalition unity government came to power illegally, claiming his appointment to the presidency was constitutionally mandated upon the resignation of former President Mohamed Nasheed.

Shortly after his resignation, Nasheed contended that he had been forced to resign under duress – calling for fresh elections.

“Undue control”

Since February’s transfer of power, the report added that former opposition parties involved in demonstrations and activities associated with the December 23 movement were now part of the coalition government, while only one major political party in the form of the MDP stood as opposition in parliament.

HLA’s findings alleged that the coalition now exercised “undue control” over the national judiciary, whilst occupying the executive and holding a combined parliamentary majority in the People’s Majlis.

“It also asserts undue influence over over‐sight bodies such as the Human Rights Commission (HRCM), the Police Integrity Commission and the Anti‐Corruption Commission (ACC). Consequently, the opposition and its supporters find themselves victimised without proper recourse to redress,” the report claimed.

HLA claimed that a “significant rise” in political violence had also followed the transfer of power amidst accusations that law enforcement agencies were not investigating crimes by bodies of gangs linked to government-aligned politicians, focusing instead on potential felonies committed by opposition figures.

“The perpetrators of these violent crimes remain at large whilst the courts are filled with political protesters who face criminal charges,” the report added.

Public order

In looking at the present government’s commitments to freedom of assembly, freedom of speech and freedom of expression, the report noted that “legitimate public order concerns”  regarding ongoing demonstrations had been raised during a series of All Party Talks that last convened back in June. However, HLA claimed that a number of other issues raised during the talks appeared to target negating certain “fundamental rights” in this regard.

“It has become routine, once again, for the president and senior members of the government to equate dissent with terrorism, as in numerous public speeches made by the president,” the report stated.

HLA added that allegations of torture as well inhuman or degrading treatment were also on the increase following February’s political upheavals, pointing to claims made by female anti-government protesters.

As well as the use of high power water canons by police during March 2012, allegations were also raised by that some women had been sexually molested or suffered other “degrading punishments” following arrest in the first few months following the transfer of power.

The allegations in the report were based on testimonies from several women aged between 22 and 49 years of age.

Meanwhile, HLA’s findings claimed that the issue of debating flogging, a practice also conducted during Nasheed’s administration, had been deemed by MPs, the judiciary, local NGOs and representatives of the former government as “unconstitutional”.

“On November 25, 2011, the Chief Justice himself publicly rejected a call to implement the commitment given during UPR with regard to ending flogging as a form of punishment,” the report claimed.

The present government has responded that, while corporal punishment was not explicitly prescribed in the penal code, it was administered for “certain offences prescribed in Sharia.”

“The government is, however, looking at ways to ensure that the punishment is not applied in a discriminatory manner. At present, women are far more likely to be publicly flogged than men – mostly because of outdated court procedures such as reliance on confessions rather than forensic evidence – though as noted above this is changing,” the Waheed administration stated in its official response to the UN.

Arbitrary arrest

Considering Article 9 of the ICCPR, which relates to “liberty and security of person” and the prevention of arbitrary arrest or detention, the report also discussed the actions of the Maldives National Defence Force (MNDF) under the Nasheed administration to seize Criminal Court Chief Judge Abdullah Mohamed.

The detention, which the the government claimed had been made over concerns about “national security” owing to allegations that Judge Abdullah was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.

Since February, the HLA claimed that some 400 protesters had reportedly been “arbitrarily detained”.

“There is serious concern that nearly everyone who has been charged is facing fabricated charges. A pattern has developed whereby people are arrested without any explanation being given as to the grounds of their detention,” the report claimed. “They are then asked to provide a urine sample and accused of having taken drugs or drunk alcohol. They are also often presented with a pre‐prepared confession and asked to sign it. All of this takes place while the detainees are denied access to a lawyer. “

Judiciary

HLA also stressed concerns over a “lack of independence and professionalism” within the country’s judiciary, which was claimed to be setting back the country’s obligations under the ICCPR.

Along with criticisms of the effectiveness of watchdog body, the Judicial Service Commission (JSC) – particularly in the regards to Criminal Court Chief Judge Adbullah Mohamed – the capacity of the country’s Supreme Court was also questioned.

“The Supreme Court of Maldives consists of seven judges. Six of whom, including the chief justice, are only trained in sharia law,” stated the report. “They do not have a well‐grounded understanding of international human rights law. They have articulated positions that are contrary to the fundamental rights guaranteed under the ICCPR.”

“Religious hatred”

HLA alleged that there had also been an increase in the reporting and incitement of acts of “religious hatred” including anti-Semitism.

The NGO’s report pointed to incidents including attacks on participants of a silent protest calling for religious freedom in December 2011. One of the participants attacked in December, Prominent Maldivian blogger and journalist Ismail ‘Hilath’ Rasheed, was stabbed in the neck just last month before fleeing the country after partly recovering from his injures. He later alleged the attack was the work of Islamic radicals.

HLA also singled out the publication of a pamphlet by the Dhivehi Qaumee Party (DQP), whose members now hold some senior government positions, entitled: “President Nasheed’s devious plot to destroy the Islamic faith of Maldivians” and an attack on pre-Islamic period Maldivian artefacts in a Male’ museum as further examples of the spread of religious hatred.

“In January 2012, efforts by the police to investigate incitement to religious hatred were blocked by the Chief Judge of the Criminal Court Abdulla Mohamed, triggering a sequence of events that resulted in the displacement of the elected government by the members of the December Coalition in a coup d’etat,” the report added.

Media freedom

Helios reported that despite a period of “relative improvement” in the right to freedom of expression in the country, there were concerns that such developments had been set back in recent months.

“After a period of relative improvement in the right to freedom of expression, there has been serious retraction in this regard in recent months. Subsequent to the coup, there has been harassment of journalists and media outlets that criticise the new Government,” the report alleged. “This has led the UN Special Rapporteur on the right to freedom of expression to place the Maldives on his watch-list of countries where there has been a rise in harassment and attacks against journalists.”

Aside from reports of sections of the police and military seizing and re-branding state television and radio on February 7 without any judicial warrant, concerns were also raised that artists, musicians and users of social networking websites allegedly continue to face threats from law enforcement authorities for expressing dissent against the government, the report added.

“The president, speaking on 24 February 2012, branded those who ‘defame the Government’ as ‘traitors’. His Press Secretary, Mr Abbas Adil Riza, has condemned on several occasions those who have called for international sanctions on regime leaders,” the report claimed.

HLA also raised issue with claims that the Ministry of Education back in March issued a “compulsory directive” for curriculum textbooks to class the transfer of power as a legitimate act – without the conclusion of a Commission of National Inquiry (CNI) set up by the government to probe the circumstances of February 7.

The Waheed administration has nonetheless denied the harassment and intimidation of journalists. Instead, it contended that “media freedom has remained steady with the constitution protecting freedom of expression but also restricting freedom of speech contrary to the tenets of Islam.”

While the government blocked websites controversial to Islam, it “is working to ensure the media is free to tackle any subject. It was by the current administration of President Dr Waheed Hassan who took office in February 2012 that Maldives National Broadcasting Corporation was handed over to the Parliament-created Maldives Broadcasting Corporation that had ended executive control of the media.”

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Jameel and Dunya to defend Maldives’ human rights record at UNHRC

The Maldives’ government will on Thursday defend its human rights record to the UN Human Rights Committee (UNHRC) in Geneva.

The delegation will be headed by Home Minister Dr Mohamed Jameel, former Justice Minister under 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 while in opposition.

Dr Jameel will be accompanied by State Minister for Foreign Affairs, Dunya Maumoon – Gayoom’s daughter – as well as the Maldives’ Permanent Representative in Geneva, Iruthisham Adam, Counsellor Marc Limon (formerly of PR firm Hill & Knowlton), Third Secretary Muruthala Moosa, and four interns: Marie Gabrielle Glock, Katherine Hamilton, Jessi Challis and Rinaldo Foncesca.

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.

Issues identified in the 2011 document include counterterrorism measures, commitment to reducing discrimination (including on the basis of gender, sexual orientation, and religion), and prohibition of torture and cruel, inhuman and degrading treatment or punishment.

One specific issue identified was the move in parliament to make the enforcement of the death penalty mandatory where such a verdict is upheld by the Supreme Court, which would place the Maldives in breach of its ICCPR commitments.

Dr Jameel last week stated he was willing to implement death penalty in his capacity as Home Minister. Supreme Court Chief Justice Ahmed Faiz also said he was willing to enforce such verdicts, as the Maldives struggles to come to terms with a sudden wave of violent crime and murder this year.

The ICCPR document asks whether prison personnel responsible for the death of Evan Naseem – a watershed moment in Maldivian political history that sparked democratic reform – had been investigated, and faced justice.

The document challenges the Maldives’ commitment to combating domestic violence and sexual assault in general: “According to information before the Committee, in the absence of a confession, a man can only be convicted of rape if there are two male or four female witnesses to the act. How does this comply with the Covenant?”

It also asks the Maldives to clarify its position on corporal punishment, whereby flogging sentences are routinely given for offences under Islamic sharia. The topic is sensitive in the Maldives, with UN Human Rights Commissioner Navi Pillay widely condemned in the Maldives following her call in parliament for a moratorium on the flogging of women as punishment for extramarital sex.

The UN document – produced in August 2011 – also calls on the government to clarify matters surrounding the nine-day detention without charge of MP Abdulla Yameen, then “leader of the opposition”, and challenges the government on issues relating to prison conditions, overcrowding, and lack of a legal aid scheme.

The document calls for the government to explain the country’s treatment of migrant workers, and in particular, “explain the measures being taken to deal with the trafficking of individuals from Bangladesh and India, who are mainly trafficked into the State party for labour and commercial sex exploitation.”
The document also requests the Maldives justify its reservation to article 18 of the ICCPR concerning freedom of religion, specifically the practice of religions other than Sunni Islam by the country’s largest population of foreign nationals.

It also calls on the Maldivian government to respond to allegations of “widespread harassment and intimidation” of journalists.

On June 4, well-known blogger and journalist Ismail ‘Hilath’ Rasheed had his throat cut in what appeared to be the first targeted assassination attempt of a media figure in the Maldives. Rasheed, who had been attacked multiple times prior to the attempt on his life, survived, and has since fled the country. Rasheed claimed he was attacked by radicalised gang members who were operating with the consent of “senior political and religious figures.”

Government response

The government of the Maldives responded to the list of issues earlier this month, ahead of its session with the committee later in July.

It acknowledged “efficiency and effectiveness” challenges with the local Human Rights Commission (HRCM).

“Notwithstanding, the government believes that HRCM already possesses necessary human and financial resources. It is worth noting that at a time of severe
economic difficulties in the Maldives, the HRCM has a budget of 22 million rufiyaa ($1.4 million – an extremely large sum considering the small economy and small population of the Maldives) and a staff of over 50 officials,” the response noted.

The Maldives had made considerable progress on issues of gender discrimination, the government stated, and towards addressing domestic violence with the introduction of a relevant bill.

On the subject of discrimination based on sexual preference, the Maldives had no specific law banning homosexuality, the government noted, however “article 10 of the Constitution of the Maldives states that the religion of the State of Maldives is Islam and Islam shall be the one of the basis of all the laws of the Maldives. Therefore, no law contrary to any tenet of Islam shall be enacted in the Maldives.”

“This excludes the possibility of enacting any law protecting the rights of persons based on their sexual orientation,” the government stated, adding that 23 people had been formally charged for homosexuality between 2007-2011.

With regard to article 18 on the right to freedom of thought, conscience and religion, “the reservation states that the application of the principles set out in article 18 will be without prejudice to the Constitution of the Maldives,” the government stated.

“Chapter II of the Constitution on fundamental rights and freedoms does not include, among the rights guaranteed, freedom of thought, conscience and religion.”

Regarding concerns over the introduction of the death penalty, the government noted that the referred bill was a proposed amendment to the Clemency Act “which will make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

“The amendment is proposed in an effort to stop crimes of murder and violence. The death toll in the Maldives has increased recently to a level of great concern and it is in the view that if death penalty or capital punishment is enforced it would reduce crime rate,” the government stated.

While corporal punishment was not explicitly prescribed in the penal code, it was administered for “certain offences prescribed in Sharia.”

“The government is, however, looking at ways to ensure that the punishment is not applied in a discriminatory manner. At present, women are far more likely to be publicly flogged than men – mostly because of outdated court procedures such as reliance on confessions rather than forensic evidence – though as noted above this is changing,” the government stated.

Yameen’s detention on the Presidential retreat at Aarah by the government of President Mohamed Nasheed “acted in contravention of the prescribed 24 hour rule and did not follow due process in dealing with political opponents on a number of occasions,” the government stated.

“Mr Yameen Abdul Gayoom‟s arrest and detention – by the police on an isolated island [Aarah] without access to a lawyer or to his family, were arbitrary and unlawful,” the government said.

On human trafficking, the government outlined measures it was taking to address international concerns and provide support for victims, including “a 24/7 toll-free help line to be announced shortly.”

“Language training is to be provided for the staff of Department of Immigration and Emigration and Labour Relations Authority (LRA) or translators are to be placed at borders to assist in identification of victims and providing necessary assistance to the victims,” the government stated. The country recently appeared on the US State Department’s Tier 2 Watch List for Human Trafficking for the third year running.

The government denied harassment and intimidation of journalists. Instead, “media freedom has remained steady with the constitution protecting freedom of expression but also restricting freedom of speech contrary to the tenets of Islam.”

While the government blocked websites controversial to Islam, ”the government is working to ensure the media is free to tackle any subject. It was by the current administration of President Dr Waheed Hassan who took office in February 2012 that Maldives National Broadcasting Corporation was handed over to the Parliament-created Maldives Broadcasting Corporation that had ended executive control of the media.”

A number of NGOs, including Redress, the Helios Life Association, the International Disability Alliance (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.

Minivan News will review these submissions this week ahead of the Maldives’ appearance in Geneva.

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President meets UN Secretary General in Rio

President Dr Mohamed Waheed Hassan has met with United Nations (UN) Secretary General Ban Ki-Moon on the sidelines of the Rio +20 summit.

The President’s Office reports Waheed received assurance from Ban that the Maldives can count on the support of the UN as it pursues enhanced democracy and a low-carbon economy.

Waheed explained the recent reforms to the Commission of National Inquiry (CNI) which is charged with investigating the event that brought him to the presidency. He also thanked the Secretary General for the help the UN has played in consolidation democracy in the Maldives.

“This ends rumors that the international community doesn’t recognise this government”, President’s Office spokesman Abbas Adil Riza told Haveeru.

In a statement released at the beginning of the month, Ban’s office released a statement offering his commendation to all parties for the successful reformation of the CNI.

“The Secretary-General again urges all parties to resume immediately their political dialogue, both within and outside of Parliament, in order to find a mutually agreeable way forward on the basis of the Constitution and without jeopardizing the democratic gains achieved thus far in the Maldives,” read the statement.

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Sareer nominated for UN ambassador role

Ahmed Sareer, current Maldives ambassador to the United States, has been nominated as a potential successor to Abdul Gafoor Mohamed as the country’s ambassador to the United Nations.

Sareer’s name has this week been forwarded to the parliament as a replacement for Gafoor, who resigned from the UN post earlier this year over concerns about February’s transfer of power, local newspaper Haveeru has reported.

Gafoor announced his intention to resign from the post live on Al Jazeera’s ‘The Stream’ programme shortly after the resignation of President Mohamed Nasheed.

“I believe the new president should have the opportunity to have his views and policies presented to the world community through representatives who serve him without equivocation or reservation,” Gafoor told Al Jazeera.

Sareer has previously served as the Maldives’ High Commissioner to Bangladesh. His nomination has been forwarded to the National Security Committee.

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Committee of National Inquiry cannot wait for international assistance: Shafeeu

Head of President Mohamed Waheed’s Committee of National Inquiry (CNI), Ismail Shafeeu, has said the committee cannot wait for international assistance as they proceed with an inquiry into the controversial transfer of power on February 7.

“Due to the nature and importance of this issue, I do not believe we can wait for assistance from the UN system or Commonwealth system or wait for a consultant to arrive. If Maldivian sources cannot fully answer the legal questions or other issues that arise, then we will discuss with foreign lawyers, pay them any required fees and proceed,” Shafeeu told local media on Thursday.

President Dr Mohamed Waheed Hassan charged the three member presidential commission with assessing the circumstances that led to Nasheed’s resignation and has asked the committee to publish its report by May 31. Nasheed alleged he was deposed in a coup d’état.

The Commonwealth, the EU and foreign governments including India and America have called for an impartial and independent investigation into the transfer of presidential power. The Commonwealth’s Ministerial Action Group (CMAG) has said it “strongly felt that there should be international participation in any investigative mechanism, as may be mutually agreed by political parties in Maldives.”

President Dr Waheed’s Spokesperson Abbas Adil Riza told Minivan News the government has now requested UN and Commonwealth assistance. “We believe we will get this assistance,” Riza said.

The CNI would decide on the extent to which international actors would participate in the inquiry, Riza said, but added that the government wants foreign expertise on formulating recommendations based on the CNI’s findings.

The ousted Malidivian Democratic Party (MDP) and local civil society groups have criticised the committee on its failure to solicit cross-party support regarding its composition. CNI head Shafeeu previously served as the Defense Minister under former president Maumoon Abdul Gayoom. Consequently, the MDP has said it does not recognise the CNI.

Speaking to Minivan News, Aiman Rasheed from Transparency Maldives said: “It is imperative that the CNI solicits international aid. When we met with the CNI previously they raised concerns over their capacity, especially in hiring a legal team. This is the first time this has happened in the Maldives, and there is much to learn from international experience.”

Approach Nasheed

According to the CNI’s mandate, the committee will not be conducting a criminal investigation. Speaking to local media on Thursday, the CNI said it had not yet interviewed any senior officials from Nasheed’s administration, but had conducted interviews with police and military officers.

The CNI website says it had spent 35 hours interviewing 37 individuals by April 3, almost two months after the change of government.

MDP lawyer Hisaan Hussein said CNI’s failure to interview former administration officials “raises questions over the kind of work the committee has been doing, especially given the amount of time that has passed now.”

The committee will approach former President Nasheed after conducting background research. “We will send a request [to see Nasheed] and see what happens then. We don’t think there is a reason for him not to give us information,” Shafeeu said.

Coup question

CNI Member Dr Ibrahim Yasir Ahmed said the committee will address whether the Nasheed had been ousted in a coup.

“We will answer everything we can based on the information we gather. We will hold debates on the question of whether it was a coup or not,” Yasir said.

The CNI was in the process of obtaining foreign legal assistance on the question, Yasir added.

Transparency Maldives’ Aiman Rasheed said the inquiry was “a stepping stone for national reconciliation. If this doesn’t work, we may end up in a more chaotic situation.”

MDP concerns

CNI Member Dr Ali Fawaz Shareef reiterated its call for MDP’s support in the inquiry process. Shareef said attempts to hold discussions with MDP were underway.

“MDP has publicly said they do not have confidence in this commission. Before we can proceed, we first have to know the details of their concerns,” Shareef said.

The MDP has released several statements outlining its concerns over the CNI.

“The Investigation team must include Maldivians who enjoy the trust of all parties as well as respected foreign experts. It must also have a mandate to look at events leading up to the resignation of President Nasheed as well as police brutality before and after the resignation,” a February 15 statement read.

Responding to the establishment of the CNI on February 22, the MDP said: “[The CNI] has been conceived and imposed by those parties allied to Dr. Waheed without any consultation with MDP. It does not include any eminent international experts. And the inclusion of individuals who held Cabinet posts during the autocratic government of former President Gayoom, including the appointment of a Chair – Mr Ismail Shafeeu – who had held various ministerial posts under former President Gayoom including the position of Defense Minister at a time of widespread human rights abuses in the country, suggests that no effort has been made to ensure independence and impartiality.”

As MDP and civil society concerns over the CNI remain unadressed, several MPs have now called for the investigation of the transfer of presidential power to be conducted through Majlis.

CMAG and the EU, among other international groups, have backed MDP’s calls for early elections in the Maldives.

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“Consensus” now to appoint foreign expert to inquiry panel: government

As the European Union reiterates calls for “urgent agreement” on a process for political reconciliation and elections in the Maldives, the government has said it would welcome international independent assistance on ratifying its legitimacy – but only by an organisation accepted by all parties.

The inclusion of international experts in the Committee of National Inquiry (CNI) has been urged by numerous international actors as well as the Maldivian Democratic Party (MDP) and former President Nasheed.  The CNI has been charged with looking into legality of the transfer of presidential power last month to ascertain the legitimacy of the current government.

It currently consists of three members: Ismail Shafeeu, former minister of defence and national security during President Maumoon Abdul Gayyoom’s administration; Dr Ali Fawaz Shareef, Deputy Vice Chancellor at Maldives National University; and Dr Ibrahim Yasir, former Director General of Health Services.

President Mohamed Waheed Hassan’s spokesperson Abbas Adil Riza told Minivan News today that there was now “consensus” among politicians for a foreign expert to sit on the panel of the CNI to ascertain the truth over the controversial transfer of power. However, Abbas claimed that the government was presently seeking UN assistance for the inquiry panel following allegations of bias by former opposition MPs and government ministers against  “British interference” within the Commonwealth.

The opposition Maldivian Democratic Party (MDP) claimed in response that efforts by certain MPs and government members to discredit the Commonwealth in favour of the UN were nothing but a stalling tactic to delay appointing international assistance.

The Commonwealth, whose ministerial action group (CMAG) last week backed early elections in the country has been criticised by some former opposition MPs and government figures in the Maldives for the comments. The organisation has nonetheless been backed by the EU in its decision to send Special Envoy Sir Don McKinnon to the country over the last few days to hold dialogue with all parties and several former presidents.

Although, not directly echoing the Commonwealth’s calls that “the earliest possible expression of the will of the people was required to establish universal faith in the legitimacy of those who govern the [Maldives],” the EU stressed concern over the continued political unrest in the Maldives.

“I believe it is of utmost importance that political parties and authorities abstain from taking any action that could further complicate matters. Moreover, the security of the leaders of political parties has to be guaranteed,” stated Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy.

“Agreement on the holding of early elections, on the independent investigation of the transfer of power of February 7 and on the re-establishment of the correct functioning of government and parliament is now more important than ever.”

International assistance

Responding to the comments, Abbas Adil Riza said that President Waheed and his government appreciated the consideration of international bodies like the Commonwealth and EU regarding the current political situation in the country.  He added that the government had therefore pledged to do everything they could to follow their advice.

The president’s spokesperson said the government was presently trying to work in line with international calls to host fresh presidential elections and a independent enquiry into the events leading to Dr Waheed coming to power on February 7.

“We are working hard to put together the most independent commission for the enquiry so we can have all parties to agree on its outcome,” Abbas stated. “Sadly MDP MPs have made accusations questioning the pointed panels independence so we have called on the UN to assist with this matter.”

When asked about the nature of this UN “assistance”, the government spokesperson said that discussions has so far related to securing an international expert to be appointed to the CNI panel.

However, Abbas stressed that the government favoured UN assistance – a body which has been noticeably silent amid the country’s growing political crisis. Abbas said some of the former opposition political parties, now in government, had accused the Commonwealth of being bribed by the MDP in local media.

“Since the MDP accusation questioning the independence of the current panel, the PPM and indeed some in the government have raised issues of British involvement in the Commonwealth. The international party has to play a role that is unbiased,” he said.

“The PPM, which is a major political party in this country, has outright accused the Commonwealth of bias.”

Abbas told Minivan News that amidst these allegations, acquiring the direct assistance of the UN, which represented a much wider scope of countries was a more preferable “solution to ensuring legality” of the government.

To this end, the spokesperson added that the foreign Ministry has been in touch with the UN over obtaining international assistance with the independent investigation and that responses had so far been “positive”.

However, he stressed that ensuring true independence in the Maldives was extremely difficult.

“The government is trying to find a balanced solution that all sides can agree upon. However, in a third world country like the Maldives the solutions are often very complex,” Abbas claimed. It is very complicated to maintain neutrality.”

However, MDP spokesperson, Hamid Abdul Ghafoor said the party remained cautious over the government’s commitments to secure an international expert to oversee the independent investigation.

“What we have noticed is evasiveness by the government to finalise international involvement in the enquiry,” he said. “I believe the UN talks are a deviation.”

Ghafoor claimed that this alleged “reluctance” by the Waheed government to involve international experts in its affairs was reflected in what he called the disproportionate response from some MPs towards dismissing and insulting the Comonwealth.

To support this claim, he pointed to comments made by Foreign Minister Dhunya Maumoon, who dismissed calls by the Commonwealth for early elections as showing bias towards one particular party – presumably the MDP and former President Mohamed Nasheed.

Despite these concerns, Ghafoor said he was very encouraged by the latest EU statement issued by Catherine Ashton.  The MDP spokesperson claimed the statement raised additional concerns regarding the current political situation from its previous statement last month, such as in the manner that government and parliament was presently functioning.

“We believe that this shows the situation has deteriorated further,” he claimed.

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UN advises Maldives to cooperatively seek resolution

A team from the United Nations (UN) brought in to observe the political crisis have now left the Maldives after stressing to all parties involved the need to halt further violence.

Speaking to reporters on Monday evening at the UN headquarters in Male’, UN Assistant Secretary-General for Political Affairs Oscar Fernandez-Taranco said that he was officially concluding his brief visit to the Maldives and was satisfied that both the former and current administrations will now co-operate on solving the political crisis triggered when President Mohamed Nasheed was deposed on February 7 amidst violent scenes.

Fernandez-Taranco and the UN team were dispatched to the Maldives on February 9 in the aftermath of what the international media is now calling a “coup” and the UN team has been negotiating with all parties involved, “both publicly and privately”, to prevent further violence and end the political deadlock. The team’s work has also addressed the question of holding elections, and whether the Maldives will launch an investigation into allegations of recent human rights abuses.

“The UN has been involved throughout the whole crisis in advising how to solve some of these matters,” said Fernandez-Taranco.

“We have been engaged with President Mohamed Waheed and the former President Mohamed Nasheed and speaking to all other political leaders since very early on in the crisis,” he explained.

Fernandez-Taranco admitted that the UN was “alarmed” to hear reports of violence and allegations of human rights violations in the Maldives during the past week.

“We will be following the events and will be watching to see how the different leaders exert their opinions, in order to ensure that all differences of opinions will be demonstrated peacefully,” he said. “We condemn any acts of violence.”

However, Fernandez-Taranco stopped short of committing the UN to investigating the allegations of violence and human rights abuses, saying that his mandate on this occasion was simply to observe the situation and report back to the Secretary-General.

Instead, he advised that “There needs to be a credible and independent investigation by a national mechanism into the developments of the past week, and the events that led up to them. As I have emphasised throughout, only the people of the Maldives can find the way forward.

“We have not been given a mandate for an investigation into the traumatic recent events or to investigate alleged human rights abuses. I believe that an investigation that is credible, independent, impartial and that addresses the concerns of the Maldivians is important to the future of the country, and we can support the Maldives with whatever mechanisms it needs so that a national investigation can be formed.

“We did not come here on a fact-finding mission. I came here to inform myself as to the situation here in the Maldives, and what I have seen here I will use to inform the Secretary-General. He has been very keen to hear from us about the extent of our influence in our efforts to help provide national stability.”

Regarding former President Nasheed’s call for a prompt election, Fernandez-Taranco said that the UN respects the constitution of the Maldives and the issue should be decided by Maldivians; emphasising that all sides have assured the UN they respect the constitution of the Maldives and its directives on elections.

“The next election is scheduled for 2013,” he said. “The date of the next elections is something that the Maldives’ people must determine for themselves. We do not have any opinion as to when they should be held. The constitution of the Maldives regulates as to when and how the elections must be held. The UN has supported the Maldives previously in both local and national elections, on request, and can do so again.

“We are committed to the belief that the constitution of the Maldives needs to be respected, and that any government that is inclusive of all sides will be the best possible government for the Maldives,” he said, reinforcing the UN’s support of the Maldives in achieving this outcome. “All must work together, constructively, for the good of the nation,” he summarised.

Fernandez-Taranco stessed the need for all parties to restrain from committing violent acts and from encouraging others to do so.

“The Maldives cannot afford a descent into violence and protracted instability that would jeopardise the progress achieved by the country since 2008, and its economic future. While considerable controversy persists about the events of recent days, all actors I spoke with agreed on the importance of preserving the democratic gains that have been made. All said they were committed to the constitution, which is widely held up as a model of reform. There is also a broad consensus on the need to protect human rights and strengthen the rule of law throughout the Maldives, including the performance of the judiciary,” he added.

A divided public

The Maldivian public’s opinion on the UN’s involvement in their domestic affairs appears divided.

One man in his 40s who requested anonymity said, “The UN can come and can go, their reports and findings can be released, but they can’t actually give us a real solution to our problems unless they pass sanctions which would affect the economy.

“We don’t know if the Maldives now is going to become more fundamentalist now, and if so, these guys could do anything to our resorts, banning alcohol for example. The Maldives could turn into a very strict Islamic state, and I don’t think the UN can do anything about it.

Making reference to the suggestion that the Commonwealth expel the Maldives, he benignly said, “So what? These guys [in power] will continue to do whatever they want. They can’t really be bothered with the Commonwealth and the UN, whatever they have to say.”

A 24-year-old Maldivian woman who also requested anonymity said she hoped a UN investigation will be conducted in order to shed light on the week’s past events.

“Everyone’s so ethnocentric with their political parties right now. I hope the UN conducts an independent investigation on how the power was transferred,” she said.

A man in his twenties, who wished to only be identified as “Moon”, called for the UN to have more involvement in the political situation in the Maldives.

“All I know [of the UN] is they like to make reports, file them in boxes and give speeches on podiums using international mediums,” he said.

“As for the international community approving this taking of power, it doesn’t surprise me because it’s going to be easy for President Waheed to do a report and convince them it’s legitimate using his friends and experience through the UN. If only everyone would act independent, and not as puppets. My message to President Waheed is ‘control the politics’, to Nasheed ii is ‘play it smart this time, learn from your mistakes, and to Ban Ki-moon [UN Secretary-General], ‘please be more productive and progressive.’”

MDP has said it will continue to demonstrate until elections are held.

“Protesting and demonstrating is not for me,” said Moon. “Violence will not solve anything, just make things worse, like what happened with the MDP. That’s why I believe we should all act smart and get along with this present president’s cabinet.

“Politics is never fair anywhere in the world, and in the Maldives it’s always ‘propaganda’ as we are new to democracy. Most people are all about power in their own favour, as in human nature.”

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Government requests international legal assistance to clean up judiciary

Following a protest-packed weekend during which politicians were attacked and journalists threatened, the Foreign Ministry has requested a senior international legal delegation from the United Nations Human Rights Commission (OHCHR) to help resolve the current judicial crisis in the Maldives.

“We have been working to improve the judiciary since we came to power, but we have not succeeded. We have asked the international community to assist us in this effort several times, and we find that they are willing to help at this point,” said Foreign Minister Ahmed Naseem.

The request was made following conversations with UN officials last week. According to a press statement, the delegation would be asked to help resolve “the immediate issues surrounding the detention of Justice Abdulla Mohamed, the Chief Judge of the Criminal court, and also the longer-term problems facing the Maldives’ judiciary and the failure of judicial accountability mechanisms under the Constitution.”

Following the detention of minority opposition Dhivehi Quamee Party (DQP) leaders, who had accused the government of behind-the-scenes dealings with Israel and Christian priests, and the arrest of Judge Abdulla Mohamed by military forces after he attempted to block his own police summons in the High Court, opposition party members took the streets last week in protest. DQP meanwhile approached various foreign embassies claiming their freedom of speech was being impinged.

In a statement released on Friday the European Union (EU) Heads of Mission in Colombo expressed concern over the judge’s arrest and “[called] on all parties in the Maldives to act in accordance with these principles and to refrain from inflammatory language or other action which could incite hatred.”

In response the Foreign Ministry cited the government’s efforts to reform the judiciary and oppose the use of hate speech, reiterating its interest in continued relations with the EU.

Stating that “the diplomatic community has received inaccurate information” regarding the political situation in Male’, the Foreign Ministry said it had delivered “accurate information” to foreign missions last week. Officials say those missions had received the news positively, had asked that “racial rhetoric” be stopped, and had not expressed concerns over the judge’s arrest.

Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, Naseem said the commission’s shortcoming are “now an issue of national security.”

In its statement the Foreign Ministry contended that “since its establishment the JSC has been unable to fulfill [its] constitutional mandate. For example, during the whole of 2010 the JSC failed to take action on any of the 143 complaints submitted to it. On the one occasion in late 2011 when the JSC did find that a judge (Justice Abdulla Mohamed) had failed to comply with the required standard of conduct and had been acting in a manner amounting to gross misconduct, the Civil Court issues an order (26 November 2011) preventing the proceedings.

“With that order, the Civil Court effectively removed the constitutional powers of the JSC. The JSC was made powerless by the very same people (judges) that it is supposed to oversee.”

In communications with the OHCHR the Foreign Minister said the Civil Court’s action highlighted “a systemic failure of the judicial checks and balances foreseen in the Constitution. This systemic failure led directly to the President’s decision [to arrest the judge].”

Parliament’s Independent Institutions Committee has been tasked with investigating the JSC’s “failings”. According to committee member Independent MP Mohamed Nasheed, hearings and interviews have been concluded and possible reformation of the JSC has been discussed.

“It’s the one institution that has not really taken off. It’s been bogged down with personality issues and procedural issues. Bring in a change of membership, some new blood, and give it a new chance,” he said.

Nasheed added that a provision allows for the appointment of foreign judges during the first 15 years of the new Constitution. Naseem said the requested delegation did not necessarily fall under the provision, but rather was expected to provide guidance according to the local situation.

Specifics of the delegation are unknown as the request was only recently made, however Naseem explained that “the planning and appointment process takes time, as we need individuals qualified to stay here for a long period of time.”

“We hope that with the help of Islamic judges the Maldives judiciary would be improved”, he said.

While representatives from opposition Progressive Party of the Maldives (PPM) could not be reached at time of press, Mulak MP Abdulla Yameen yesterday said the President has no authority to “meddle with” or enforce the nation’s judicial system, local media reported.

Opposition Dhivehi Rayyithunge Party (DRP) MP Ibrahim ‘Mavota’ Shareef today said “DRP will welcome any international participation to solve the situation at the moment.”

Shareef asserted that the Constitution is not in crisis, “only that President Nasheed has violated it. We’re very sure that the international delegation would hold him accountable because there is no way that President Nasheed is justified in what he is doing.”

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Islamic Foundation donates food aid to Somalia

Islamic Foundation of the Maldives (IFM) has donated vital food aid to over 80,000 victims of famine in the drought-stricken Somalia.

In a press statement released today, the religious NGO claimed that the food aid which included rice, flour, sugar, dates and cooking oil was handed over to 84,040 Somalis. Most recipients were women, children and the elderly.

According to IFM, food items worth Rf365, 203 (US$23,683) were equally distributed among 10,050 households belonging to the four worst hit areas: Bay, Bakool, Lower Shabelle and Banadir.

During the last quarter of 2011, an IFM official went to Somalia and dispersed the aid with the help of Islamic Relief Worldwide (IRW), the statement noted.

The UN has officially declared six parts of Somalia to be suffering from famine amid the worst drought in east Africa for 60 years.

“The Somalia crisis is everybody’s responsibility and Somalis need support now. We cannot afford to wait or we will let down the Somali people,” said Mark Bowden, the UN humanitarian coordinator for Somalia.

According to Bowden, more than half of Somalia’s 10 million people who are in dire need of help “will die without assistance”, while tens of thousands, including children, have already died of starvation.

The drought in East Africa has put an estimated 11 million people at risk. Suffering decades of relentless conflict, Somalia is the worst-hit country in the region.

Somalia’s south are experience the worst cases of famine, particularly the regions of Lower Shabelle, Middle and Lower Juba, Bay, Bakool, Benadir, Gedo and Hiraan, where the UN says an estimated 310,000 now suffer from acute malnutrition.

Meanwhile the UN has appealed for $1.5 billion for 2012, warning that the humanitarian crisis gripping millions of Somalis will persist for the coming months.

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