Saturday, September 15, 2012

MP Nasheed proposes bill criminalising sexual offenses

Independent Member of Parliament Mohamed Nasheed has published on his personal blog a bill he submitted to parliament in June this year, proposing to criminalise sexual offences.

The bill defines actions to be taken against specific types of sexual offenses, including rape, spousal rape, prostitution, bestiality and incest.

Nasheed stated that he felt a bill like this is immensely important because of the serious nature of modern day sexual offenses. He states that the current legislative framework governing such offenses is too lenient, and that the proposed bill would provide a stronger penalisation structure.

Nasheed has said that he believes it is equally important to criminalise sexual offenses against adults, similar to the existing laws criminalising such acts against children.

Thursday, September 13, 2012

Islamic Ministry calls for ban on mixed-gender dancing

The Ministry of Islamic Affairs has sent a circular to all government institutions banning the holding of any mixed gender dance events.
 
The circular, which was sent to all government offices, council offices and media, also calls for adolescent girls to be banned from activities requiring them to dance.

Minister of Islamic Affairs Sheikh Mohamed Shaheem Ali Saeed called on the government to cease including activities such as dancing and singing to mark various occasions.

The administration of former President Mohamed Nasheed had included such dancing in official celebrations to promote and preserve traditional Maldivian culture. However Shaheem said such activities contravened the disciplinary guidelines and customs of Islam. It is unclear whether the call in the circular is legally enforceable under existing regulations.

The Ministry said it was acceptable to hold performances which fall within the boundaries of Islamic customs and disciplinary norms. Events such as children’s activities, performances exhibiting military skills, parades, playing the national anthem, boy scouts and girl guides performances, and the folk dance ‘Thaara’ were acceptable forms of entertainment, according to the Ministry.

‘Thaara’, dhivehi for ‘tambourine’ is a folk dance where performers sit in parallel rows, singing and dancing. This is performed specifically by men. The traditional songs sung during ‘Thaara’ are mostly in Arabic and the activity itself is said to have entered Maldivian culture through Arab influence.

The Islamic Ministry stated that its mandate is to provide religious counsel to the government, to plan state-organised initiatives of spreading and strengthening islamic values among Maldivians, and to teach citizens the righteous ways outlined in the religion.

Shaheem told Minivan News today that the directives in the circular were intended for both state bodies and individual citizens. He made no further comment.

The call for gender segregated performances comes after the government held a belated Independence Day celebration on September 9. The event was held at the National Stadium and featured dances and other performances by school children and the security forces.

High Court rules circumstantial evidence sufficient proof for child sexual offences

The High Court has ruled that in cases concerning sexual offences against children where there is not sufficient evidence as specified in the law,  the offence can be proven in court based on circumstantial evidence.

The unanimous ruling was passed by a panel of three judges who presiding over an appeal lodged by a defendant, who had been sentenced to 10 years in jail by the Baa Atoll Fehendhoo Magistrate Court on charges of sexual abuse involving a child.

Act number 12/2009, detailing special actions to be taken in cases of sexual offenses against children, states that a minimum of 5 out of 12 types of evidence specified in Article 47 must be presented for the crime to be proven in court.

An official of the Baa Atoll Fehendhoo Magistrate Court told Minivan News that the case had been concluded by the court on June 21, 2011.

She said the incident itself involved allegations that Ali Abdul Rahman of Blue House, B. Fehendhoo had sexually abused an underage boy from the same island on July 24, 2010.

She also confirmed that the case had been concluded regardless of the required five types of evidence not having been presented, on the grounds that there was enough circumstantial evidence to prove the offence had occurred without a doubt.

Minivan News reported earlier this month a case involving an underage girl who was was sentenced under Sharia law to 100 lashes and eight months house arrest for fornication with a 29 year-old man. The man was sentenced under common law to 10 years in prison.

Police shut down beauty salon over suspected prostitution

Police on Wednesday night raided a beauty salon located on the third floor of the ‘Kolkatha’ building near the ‘Campus’ store in Male’ as part of an ongoing operation to target businesses and individuals with alleged links to prostitution.

The Maldives Police Service’s Intelligence Department and Serious and Organised Crime Department announced they had conducted the joint special operation after receiving information that prostitution was taking place at the salon.

According to police, two female Bangladesh nationals and a Thai woman were arrested during the raid.  Two male Bangladesh nationals and a Maldivian man were also found inside the salon at the time.

After a search of the salon, officers reported they had discovered MVR 1055 and certain items used to conduct sexual activities, police stated.

The Police Serious and Organised Crime Department is further investigating the case.

Several beauty salons and alternative medical care centres suspected of being involved in prostitution have been closed after the government of President Mohamed Waheed Hassan came to power in February.

On Monday (September 12), police raided the ‘Sondo Bon Beauty Care Salon’ upon receiving reports that it had been operating as part of a prostitution ring.

Police raided the salon at 8:00pm and arrested three Thai women and two Maldivian men.  According to police, the Thai nationals were aged 21, 24 and 36, while both Maldivian men arrested were 30 years of age.

Police obtained a search warrant from the court and discovered items used for sexual purposes, as well as MVR 68,000 (US$4415) and US$200 in cash.

Wednesday, September 12, 2012

I cried… during your speech

Yesterday, on my 37th birthday, I was Guest Speaker at a side event on Maldives at the 21st session of the United Nations Human Rights Council taking place from 10 to 28 September in Geneva Switzerland.

My topic was rising Islamic extremism in Maldives and how it is threatening human rights in Maldives.

Delegates and diplomats later met me and said that my speech “was great” and that they didn’t know before that Maldives was in such deeply troubled waters.

“Thank you for coming here and telling us. I cried while listening to you during your speech,” a Kashmir delegate said to me.

“Now I keep quiet about my Muslim identity because everywhere you travel around the world, Muslims are now seen in a bad light after the September 11 attacks on the United States,” she said.
“It’s time we save Islam from extremism,” said another delegate.

A Canadian delegate today told me that “freedom of religion and LGBT rights are the top two issues currently of concern to Canada” and that she’s “really happy Maldives is trying to come to terms with it.”

Military officer and security guard under investigation for homosexuality

Police is investigating the case of a Military officer having gay sex with a security guard at the Justice Building.

The Criminal Court revealed that the two arrested by Police are Abdul Aziz Ali (from Baa atoll Thulhaadhoo's Kanamaage house) who is a security guard at the Justice Building and Ibrahim Mohamed (from Dhaalu atoll Maa-emboodhoo island) who is a Military officer.

The Court disclosed that the two are accused of engaging in homosexual relations in a public space near Hiriya School on the evening of the 6th of this month.

The Court also revealed that when they were arrested by Police from that area, the Court had extended detention for each of them by five days. And when the extension ran out last night, the Court has extended their detention by another 10 days. 

Monday, September 10, 2012

From sunrise to sunset: Maldives backtracking on democracy

During its fact-finding mission in the Maldives last August, FIDH was able to ascertain the deterioration of freedom of assembly and freedom of press, and collected accounts of victims of police brutality and arbitrary arrests. Most importantly, FIDH was able to witness the influence of radical groups detrimental to women's rights, among others, as demonstrated on 4th September with the sentencing of a 16-year old girl to flogging. These groups also call for the implementation of the death penalty as condoned in Sharia, by reversing the moratorium in place since 1953. The blogger and human rights defender Hilath Rasheed, an advocate of religious tolerance, was stabbed in the neck last June. Invited by FIDH in Paris and Geneva this week, he stated about this attack: "Extremists attacked me cowardly on 4th June. I narrowly survived and they tried to kill me again while I was in hospital. Although I am now in exile, I ask the Maldivian authorities to launch an investigations, which is yet to be done.", said Hilath Rasheed.

Tuesday, September 4, 2012

Maldives' Court sentences 16 year-old girl to 100 lashes for sex act

A 16 year-old girl has been sentenced to 100 lashes, which she will face when she turns 18, by a Maldivian court for having sex. 

The Hulhudhufaaru Magistrate Court in Raa Atoll also sentenced a 29 year-old man to 10 years imprisonment, after it found him guilty of having sex with the minor girl. 

As she is a legally a minor, the court stated that the girl's sentence would be implemented when she turned 18, the Minivan News reported. 

An official told the local media that the man travelled to the island after the girl invited him. The the girl's family noticed that she was not at home and went looking for her, the official said. 

The pair were found that night in some bushes behind the island's power house, he added. 

The court official said the the girl's family pressed charges, which were denied by the man. However the girl confessed, local press reported. 

The man was sentenced under the Child Sex Abuse (Special Provisions) Act which states that if a person touches a minor with the intention of having sex, then it is a punishable crime. A person found guilty of such a crime can be sentenced to a term of 10-14 years in prison. 

According to statistics revealed by the Gender Department in April this year, between December 2010 and October 2011, 1,138 cases of child abuse were reported from atoll family and children service centres. 1,005 of these cases involved minors while 133 of these cases involved victims aged older than 18, the report said.

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