Threat of HIV pandemic in Maldives: State Health Minister

State Health Minister Lubna Mohamed Zahir Hussain on Wednesday night said that there is an increased risk of the HIV spread in the Maldives.

At the ceremony held at Traders hotel to celebrate the conclusion of the United Nations Development Program (UNDP) five year project to raise awareness on Aids, financed by the Global Fund, State Health Minister and National Drug Agency Chairperson Lubna said that it has been found that there has been an increase in behavior leading to HIV in the Maldives. She highlighted that the risk for the young generation from these acts is high.

“Such things (dangerous actions) can cause an increased spread of HIV in the Maldives,” Lubna said.

She also highlighted that there is an increased amount of cases of illegal narcotic injection same as in other regional countries and that it is an issue of concern in which much awareness is needed.

She said that there has been an HIV prevention program launched in the Maldives in 1987 while the first HIV case in the Maldives was recorded in the year 1991. She added that since then, there has been much work done to mitigate the risk of HIV.

In the ceremony, President Mohamed Waheed Hassan Manik said that the UNDP project was carried out with much help for the local NGOs. President Waheed congratulated and thanked the UNDP and the local NGOs for successfully concluding the project and assured that the government will not stop the work towards preventing the spread of HIV.

The global fund financed project to raise awareness among the public towards the prevention of HIV was started in the year 2006. While many locals and expatriates were briefed on the issue of preventing the spread of HIV, the project also aimed to increase the quality of the health sector.

UNDP representative Andrew said that the project received a lot of cooperation from the NGOs and the health ministry. He said that the project was aimed at increasing the awareness among the community and that it had succeeded in doing so within the period. However, he said that he had noticed that many are increasingly exposed to the risks through their own actions. He added that some had been tested positive for HIV during the period of the project. Andrew also stressed on the importance of prevention of HIV.

UNDP holds a function at Traders Hotel on October 10, 2012 to mark the end of a five-year HIV/AIDS awareness program supported by the Global Fund. Videography: Mohamed Sajid.


 Via Haveeru

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Posted in: Health / HIV

Waheed government submits bill to facilitate death penalty

The government has announced its intention to introduce a bill to the People’s Majlis in order to guide and govern the implementation of the death penalty in the country.

“It is currently a punishment passed by the judiciary and a form of punishment available within the penal system of the Maldives,” said Home Minister Dr Mohamed Jameel Ahmed.

“But for full guidance and matters governing the matter, legislation is required,” he added.

Judiciary and human rights

The last execution in the Maldives came in 1953 when Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

Since that time, the Maldives has retained the practice of the death penalty for murder although Islamic Shariah tenets also give the courts the power to pronounce capital punishment for offences such as sodomy, fornication, apostasy and other crimes against the community.

Statistics show that from January 2001 to December 2010, a total of 14 people were sentenced to death by Maldivian courts.

Jameel said that there was to be no re-consideration of the Clemency Act but that “necessary reform to legislation governing the criminal justice system will be undertaken by the government.”

Concerns over the judiciary were confirmed in the Commission of National Inquiry (CNI) report which investigated the events surrounding the resignation of former President Mohamed Nasheed in February.

The final report recommended that immediate steps be taken to improve the performance of the judiciary.

“The judiciary must enjoy public confidence and where there are allegations about judges’ conduct, the Judicial Services Commission must act in a timely and definitive way and report,” read the report.

Aishath Velezinee, formerly Nasheed’s appointee to the Judicial Services Commission (JSC), has said that corruption and an unreformed judiciary were the primary causes of crime in the country.

“Islam upholds justice, and not only has death penalty; it has very clear qualifications for judges too. Neither MP Mahloof, nor any of the Sheikhs, has expressed alarm that the judges are far below standard and some of them are convicted criminals themselves. This is pure politics and abuse of Islam,” she told Minivan News in a previous interview.

In July, the UN Human Rights Council (UNHRC) said it was “deeply concerned about the state of the judiciary in the Maldives,” as well as calling for the abolition of the death penalty, in order to ensure the Maldives’ compliance with International Covenant on Civil and Political Rights (ICCPR).

After speaking with a Maldivian delegation headed by Jameel, the council released a statement saying that the state had acknowledged both that the independence of the judiciary was severely compromised and that the death penalty did not deter crime.

Today marks World Day Against the Death Penalty – organised by an alliance of more than 135 NGOs, bar associations, local authorities and unions seeking the universal abolition of capital punishment.

Read More via Minivan News

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Posted in: Politics / Religion

Judicial statistics show 90 percent of those convicted for fornication are female

Almost 90 percent of the people found guilty of “Zina” – fornication – and sentenced to flogging in 2011 were female, according to new statistics published by the Department of Judicial Administration last week.

A total of 129 fornication cases were filed last year and 104 people sentenced, out of which 93 were female. This includes 10 underage girls (below 18), 79 women between age 18-40 and and four women above 40 years.

Of the 11 males who were sentenced, only one was a minor, with the others aged between 25-40.

Compared to 2010, the overall sentences in fornication increased by 23 percent in 2011, but the number of males sentenced for flogging decreased by 15 percent while the women increased by 30 percent.

According to Maldivian law, a person found guilty of fornication is subjected to 100 lashes and sentenced to one year of house arrest or banishment while a minor’s flogging is postponed until she or he reaches 18.

It takes four witnesses or a confession to prove the offence in court based on Islamic Sharia. The Maldives’ legal system consists of elements of both common law and Sharia.

Earlier this year, the Maldives made international headlines when a 16 year-old girl was sentenced to 100 lashes and eight months house arrest by Hulhudhufaaru Magistrate Court in Raa Atoll, for fornication while the 29 year-old man  was sentenced to 10 years imprisonment after finding him guilty of sexually abusing the girl.

Being a minor, the court stated that the girl’s sentence would be implemented when she turned 18.

In November 2011, UN HIgh Commissioner for Human Rights, Navi Pillay, speaking in parliament, raised concerns about the issue of flogging in the Maldives and urged the authorities to stop the practice.

Speaking on the issue, Pillay said, “This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country.”

However, her statements and calls for discussion on the issue were met with outrage from the opposition and religious Adhaalath party, giving rise to protests and demonstrations. The Foreign Ministry itself dismissed the calls for discussion on the issue, stating: “There is nothing to debate about in a matter clearly stated in the religion of Islam. No one can argue with God.”

Minivan News could not verify if all the people sentenced last year had been flogged at the time of the report’s release, although former Former Minister of Gender and Family Aneesa Ahmed confirmed that the sentences were being carried out.

The Judicial Sector Statistics Report 2011 highlights the sheer scale of the long-known and unaddressed issues of gender bias in the justice system.

A 2004 UNICEF study titled “Gender issues in the Maldives Criminal Justice System” raised serious concerns over cases of ‘Zina’ – both consensual and non-consensual alike.

As rape was at the time and is still defined as “forced fornication”, as with any other fornication case, four witnesses or a confession is still required by the court to prove rape.

“In these cases a woman’s accusations need to be verified by two men or four women, thus, rape and sexual violence remain impossible to prove in virtually all cases,” the 2004 study noted.

The prosecutor general’s office had earlier confirmed that as these two necessary elements are almost impossible to find, in all rape cases the suspects are charged with forced sexual misconduct, which carries a lesser punishment.

However if the victim is a minor, the PG says that such cases are tried under the 2009 Act on Stipulating Strict Punishment for Child Abusers.

This is the major reason why no rape cases were found in the new statistics revealed by the judiciary despite the high number of reported rape cases. It is also likely that rapes involving minors have fallen into the category of child abuse while others have been categorised under forced sexual misconduct.

However, its also noteworthy that in 2010, eight men were convicted for forced sexual misconduct but the following year the sentenced decreased by 50 percent. Out of the men charged with forced sexual misconduct in 2011, six walked free while only four were sentenced.

The 2004 study further added at the time the current law establishes a minimum age limit of 18 for a person to receive adult punishments, but one of the three exceptions is “if the woman has had a child.”

The Judicial report 2011 says that 10 females were convicted for “giving birth outside a wedlock”, including a minor – a criminal offense which explicitly is directed at women and carries a sentence of maximum one to two years house arrest.

The UNICEF study explained that the current law allows for a young woman under the age of 18, who has been a victim of sexual abuse and is consequently pregnant, to receive lashings in a public setting.

“The victim must then endure the pain and public humiliation of her situation, both the illegitimate pregnancy and the public lashings, which have significant ramifications for her subsequent life opportunities. The perpetrator, on the other hand, is likely to remain publicly unidentified.” it noted.

After visiting the country in November last year, UN Human Rights Chief Navi Pillay called for a moratorium on corporal punishment, describing it as “inhumane and degrading.”

“This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country,” said Pillay.

Via Minivan News

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Posted in: Society

Maldives won't allow religious extremism: Islamic Minister

Islamic Minister Mohamed Shaheem Ali Saeed has said that diverse views were expected in a democratic nation such as the Maldives but stressed that no room would be given for extremist views and beliefs in the Maldives.

According to the Islamic Ministry, Shaheem made the statement during a courtesy call made by the US Ambassador to Maldives and Sri Lanka Michele J Sison. During the meeting the Minister had also shed light on the recent remarks made by former President Mohamed Nasheed during his recent visit to the UK, that Maldives faced the threat of an Al-Qaeda attack. On that note, Minister stressed that the Islamic Scholars in Maldives did not support or condone the actions of Al-Qaeda. He added that the scholars were continuously working to make the Maldives a tourist friendly nation as tourism was integral to the Maldivian economy.

Islamic Minister had thanked the US government for releasing a statement condemning the anti-Islam film made in the US recently. Minister further urged the US government to guard against a repeat of such anti-Islamic actions while noting that it would jeopardize the peaceful relations established with the Islamic world.

The US Ambassador had noted the peaceful nature of the protest held in Maldives over the film while violent demonstrations had taken place across the Muslim world which had resulted in several deaths.

Minister further requested the US Ambassador to facilitate language training assistance for Islamic Scholars in the Maldives who wish to become proficient in the English language.

 

Via Haveeru

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Posted in: News

Arrested 98 prostitutes since March: police

Maldivian police have revealed that they have arrested 98 prostitutes in Male’ since March this year, including some expatriate males.

According to police, 58 of the alleged prostitutes have now been deported and sent back to their countries.

In one instance police said a Bangladeshi expatriate who was caught and deported had changed his name and crossed the Maldivian border by changing his information. Police said the person was arrested a second time for involvement in prostitution.

Police custody currently hold four Thai women, two Bangladeshi women and men, and three Maldivians in detention, all of them whom arrested in massage parlors on suspicious of being involved in prostitution.

According to the police statement, police have so far confiscated Rf138783 [USD9011] and USD3155 [Rf48587] found in massage parlors and alternative medical centres closed by the police for running prostitution.

Police said that since March, they have closed down 25 businesses operating as brothels in different operations conducted to reduce serious and organised crime.

The statement quoted police Inspector Mohamed Dhaudh as saying that three businesses were shutdown in March, three businesses shutdown in April, five businesses shutdown in May and six businesses shutdown in June, five businesses shutdown in July, one in August and four closed down in September.

Dhaudh said the operations to raid those businesses were mainly conducted by police intelligence and officers from the serious and organised crime department.

After the new government came in to power, police began special operations to curb the rise in prostitution in the Maldives.

In a mega protest held in Male’ on December last year by a coalition of the then-opposition parties, they demanded Mohamed Nasheed’s government close down all the spas and massage parlors in Male’ accused of running prostitution.

Via Minivan News

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Posted in: Society

Born Free and Equal: a new publication of the UN Human Rights Office

The UN Human Rights Office has released a new publication on sexual orientation and gender identity in international human rights law

Download and read the publication here

The UN Human Rights Office has released a new publication on sexual orientation and gender identity in international human rights law. It sets out the source and scope of some of the core legal obligations that States have to protect the human rights of lesbian, gay, bisexual and transgender (LGBT) people. The 60-page booklet is designed as a tool for States, to help them better understand the nature of their obligations and the steps required to meet them, as well as for civil society activists, human rights defenders and others seeking to hold Governments to account for breaches of international human rights law.

In her foreword to the publication, High Commissioner for Human Rights Navi Pillay writes: “The case for extending the same rights to LGBT persons as those enjoyed by everyone else is neither radical nor complicated. It rests on two fundamental principles that underpin international human rights law: equality and non-discrimination. The opening words of the Universal Declaration of Human Rights are unequivocal: ‘All human beings are born free and equal in dignity and rights’.”

For almost two decades, human rights treaty bodies and the special rapporteurs and other experts appointed by the Human Rights Council and its predecessor have documented widespread violations of the human rights of LGBT people. Reported violations include killings, rape and physical attacks, torture, arbitrary detention, the denial of rights to assembly, expression and information, and discrimination in employment, health and education and access to goods and services. In each case, the victims involved are targeted either because they are, or are assumed to be, lesbian, gay, bisexual or transgender. Oftentimes, the mere perception of homosexuality or transgender identity is enough to put people at risk.

The booklet focuses on five core obligations where national action is most urgently needed – from protecting people from homophobic violence, to preventing torture, decriminalizing homosexuality, prohibiting discrimination, and safeguarding freedom of expression, association and peaceful assembly for all LGBT people. For each, the basis of the State obligation in international human rights law is explained with reference to the substantial body of decisions, recommendations and guidance issued by United Nations human rights mechanisms. The booklet also includes examples of actions that can be taken at a national level to bring laws, policies and practices into line with applicable international human rights standards.

In recent years, many States have made a determined effort to strengthen human rights protection in each of these areas. An array of new laws has been adopted – including laws banning discrimination, penalizing homophobic hate crimes, granting recognition of same-sex relationships, and making it easier for transgender individuals to obtain official documents that reflect their preferred gender. Training programmes have been developed for police, prison staff, teachers, social workers and other personnel, and anti-bullying initiatives have been implemented in many schools.

In the coming years, much more needs to be done to confront prejudice and protect LGBT people in all countries from violence and discrimination. The Office of the High Commissioner for Human Rights hopes that this publication can help contribute to this end, by providing a practical resource for all those working for change – whether from the perspective of the United Nations, regional organizations, Governments, national human rights institutions or civil society.

Via ILGA

Source: ohchr.org

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Posted in: Report

"I don’t think the Maldives is safe for me anymore" Interview with Ismail Hilath Rasheed, blogger and human rights defender

On 7th February 2012, the first democratically elected President of the Maldives, Mohamed Nasheed, resigned following a police mutiny; he was replaced by a coalition Government headed by his former Vice-President Mohamed Waheed. Mass demonstrations took place from 8th February onwards demanding early elections. Human rights violations and impunity has prevailed in recent months.

Ismail Hilath Rasheed is a blogger (http://www.hilath.com), human rights defender and LGBT activist from the Maldives. He was stabbed in the neck on 4th June 2012 by radical Islamists. He had already been attacked in December 2011 and May 2012 for holding a peaceful demonstration in support of religious tolerance. In addition, he was detained by the authorities from 10th December 2011 to 8th January 2012 for “his own safety”. His blog has been blocked by the Ministry of Religious Affairs.

FIDH: Good morning. Could you introduce yourself?

Hilath Rasheed: My name is Hilath Rasheed. I am a journalist from the Maldives and I have been blogging for more than 10 years now because there are some issues that are not covered by the mainstream media, because [what we say] is supposed to be politically and religiously sensitive.

FIDH: Could you describe what happened to you in June 2012?

HR: On the evening of June 4th, as I was entering my home when 3 young men held me from behind and one of them took a box cutter and slashed my throat. I was given less than a 1% chance of survival by the hospital, but somehow I survived. Later I found out that these 3 attackers belonged to an extremist religious group in the Maldives.

FIDH: Why did they attack you?

HR: The first sensitive case that I wrote about on my blog in July 2009 was about a child concubine kept by an extremist in Malé. The case came to light because she was only 14 when she became pregnant and was hospitalized. I started getting death threats after reporting it on my blog. I was later attacked 3 times: on 10th December [2011], in May [2012] and finally in June [2012].

FIDH: Do you think you can get justice?

HR: The present government of Dr Mohamed Waheed came to power with the help of Islamic extremists. I have seen some of my attackers behind police lines with media passes during protests in which police brutalized protestors, so I don’t think the government is serious or can prosecute these people because these Islamic extremists are now part of the government. Therefore, I don’t think I can get justice. This is why I had to escape the Maldives. I don’t think the Maldives is safe for me anymore and I don’t think the Government will prosecute the attackers.

FIDH: Is it safe to be a journalist in Maldives?

HR: It is only safe to be a journalist in the Maldives if you practice self-censorship and don’t talk about sensitive issues. I don’t believe there is freedom of expression in the Maldives now. I think the whole democratic process has been reversed. We are now back to the days of Gayoom’s dictatorship [former president Maumoon Abdul Gayoom, 1978-2008], something similar or worse, in light of recent police brutality against innocent peaceful protesters whose only mistake is sitting down in front of places in protest.

FIDH: Why are they protesting?

HR: They are asking for freedom, justice and transparent governance.

FIDH: What are your plans now?

HR: I have decided not to return to the Maldives until we have truly free and fair elections, until we have a democratic government, and until we have an independent and capable judiciary to deliver justice to me and others who have been wronged. I am continuing my activism from abroad. I keep blogging daily about issues in the Maldives.

FIDH: How can the international community help?

HR: Every day we have peaceful demonstrations in the Maldives. Whenever you go to public places in Malé you can see groups of people demonstrating. Every weekend, there is a bigger demonstration, thousands of people getting together. The protests will go on. This is a very important time for the international community to closely monitor and support the Maldivian democratic process to help it resume once again. I say this because I believe that after February 7th the Maldivian democratic process regressed and we need to begin all over again. What we achieved in 2008, with the first election of a democratic leader has all been reversed. It is very important that the international community supports the Maldives in its efforts to restore democracy to the islands.

For more information, see FIDH report: “From Sunrise to Sunset: Maldives backtracking on democracy”. 

Via FIDH

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Posted in: True Stories

Self-exiled blogger Hilath speaks at UN Human Rights Council

Maldivian journalist and blogger Ismail ‘Hilath’ Rasheed last week spoke at the United Nation’s Palace of Nations during the 21^st session of the Human Rights Council (HRC).

In a side event dedicated to the Maldives, Hilath spoke of his fears of rising fundamentalism in his home country and called for the international community to keep a close watch on the Maldives to ensure the protection of human rights and democratic freedoms.

“Maldives may be a small country but it is not insignificant. It lies at a strategic crossroads and the cultural and political invasion of Maldives by Saudi-funded Wahhabi extremism will definitely have regional and global repercussions,” said Hilath.

Hilath was forced to flee the Maldives earlier this year after an assassination attempt left him within millimetres of death when a group of men slashed his throat just yards from his home in Male’.

Hilath later attributed the assassination attempt to Islamic radicals who had threatened his life on numerous previous occasions.

As well as making international headlines, Hilath’s case has been championed by both Reporters Without Borders (RSF) and, more recently, by the International Federation for Human Rights (FIDH).

Both organisations called for an immediate investigation into the attack, the latter criticising the authorities for failing to adequately investigate the incident.

“Until 2003, for the past 800 years, the Maldives had been a moderate and liberal Islamic country,” said Hilath, whose speech is also available on his blog which has been blocked by the authorities since November.

“However, in the last years of [Maumoon Abdul] Gayoom, due to poverty and oppression, and also as a result of the forced imposition on the Maldivian people of Gayoom’s own version of Islam, extremism took a hold, and though it is still a minority, it is a very vocal and formidable one that both [Mohamed] Nasheed’s and [Mohamed] Waheed’s governments have been unable to tackle,” he continued.

“But a stark difference has been that while Nasheed’s government officially acknowledged there was an extremist problem in Maldives, Waheed is refusing to acknowledge the problem. While Nasheed sought to keep extremism in check by bringing them into his government, in the form of the Adhaalath Party, Waheed came into power on the back of extremism, and therefore is giving free reign to extremists,” said Hilath.

Prior to this year’s transfer of presidential power, Hilath suffered a fractured skull after an attack during a silent protest in support of religious tolerance last December.

He was later arrested in relation to the protest after the religiously conservative Adhaalath Party (AP) wrote a letter to the police.

This prompted Amnesty International to declare him a prisoner of conscience and to demand his immediate release.

The 2008 constitution defines the Maldives as a one hundred percent Sunni Islamic nation and makes observance of the faith a prerequisite of citizenship.

“What is worrying is that while Nasheed allowed extremists to spread their propaganda through private channels, Waheed’s government is directly sanctioning the promotion of the extremist agenda through official religious channels,” said Hilath.

“The Adhaalath Party, under whom extremists operate, and under whose umbrella the Islamic Affairs Ministry has been under both Nasheed and Waheed, is now using Friday prayer sermons, also known as khuthubas, to spew bigotry, mysogyny, homophobia, xenophobia, racism, sexism and other sorts of discrimination, and to issue fatwas or religious rulings proclaiming the arts and humanities, such as photography, art, music, singing, dancing and acting as haram or sinful,” he added.

Two days after Hilath’s speech in Geneva, the Islamic Ministry distributed a circular calling for the banning of mixed gender dancing.

This news put the Maldives in the global media spotlight for the second time this month after the sentencing of a 16 year old girl to 100 lashes for fornication – in accordance with Islamic Sharia – had already made international headlines.

Last Friday also saw a gathering of religious protesters outside of the United Nations (UN) building to register their anger at the anti-Islamic film “Innocence of Muslims”.

Protesters burned the American flag and waved banners, one of which read “Maldives: Future graveyard of Americans and Jews”.

Repeated chants were heard urging 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 that if the idols were restored, they would promptly destroy them again.

In response to the issue of dancing, President’s spokesperson Abbas Adil Riza told the Associated Free Press (AFP) this week that the circular was not legally enforceable and that the Maldives would always be “a very tolerant society”.

“It is deeply regrettable that both Nasheed and Waheed have done little or nothing to curb extremism as every political party in Maldives seems afraid of extremists,” said Hilath.

“What is really depressing now is that since Waheed’s government is backed by Islamic extremists, who in turn have been backed by rogue police and military officers, extremists are now acting with impunity,” he added.

“The only hope we have in saving the Maldives is by the international community keeping a close watch. I, therefore, welcome UN Human Rights Commissioner Ms. Navi Pillay’s decision to assign a Human Rights Advisor to the Maldives as rising Islamic extremism is causing serious setbacks to human rights, freedom of expression and democracy in the Maldives,” he said.

After visiting the Maldives last November, Pillay called for a moratorium on corporal punishment and criticised the Muslim-only clause in the constitution.

Protesters subsequently gathered outside the UN building, calling for Pillay’s own arrest and flogging.

Via Minivan News

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Posted in: Politics / Religion,Society